LAWS(KER)-2007-2-725

ANEESH Vs. SUB INSPECTOR OF POLICE

Decided On February 13, 2007
ANEESH Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in Crime No.624/2006 of Chavakkad Police Station for offences punishable under Sections 324 and 308 I.P.C., seeks anticipatory bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application submitting, inter alia, that the weapon used for offences has not been recovered.

(3.) Eventhough I am not inclined to grant anticipatory bail to the petitioner, I am inclined to permit the petitioner to surrender before the Investigating Officer for interrogation and then to have his regular bail application ordered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 19.2.2007 and 21.2.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. The petitioner shall, thereafter, be produced on the same day before the Magistrate concerned, who shall release the petitioner on bail on appropriate conditions. This application is disposed of as above.