Rahmathulla Usthad vs Station House Officer on 20 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1353 of 2009()


1. RAHMATHULLA USTHAD,
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.P.NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/03/2009

 O R D E R
                          V. RAMKUMAR, J.
                 ===============================
                  Bail Application No.1353 of 2009
                 ===============================
                         DATED: 20.03.2009


                              O R D E R

Petitioner who is the accused in Crime No.30 of 2008 of

Kannur Town Police Station for an offence punishable under

Section 379 I.P.C., seeks anticipatory bail.

2. The learned Public Prosecutor opposed the

application.

3. Anticipatory bail cannot be granted in a case of this

nature. But at the same time, I am inclined to permit the

petitioner to surrender before the Investigating Officer for the

purpose of interrogation and then to have his application for bail

considered by the Magistrate having jurisdiction. Accordingly,

the petitioner shall surrender before the investigating officer on

any day between 26.03.09 and 28.03.09 for the purpose of

interrogation and recovery of incriminating material, if any.

The petitioner shall thereafter be produced on the same day

before the Magistrate who shall consider and dispose of his

application for regular bail preferably on the same date on

which it is filed.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE

sj