SHIHAB Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 3rd accused in Crime No.442/2006 of Vadakkekad Police Station for offences punishable under Secs.324, 326 and 307 read with sec.34 I.P.C., seeks anticipatory bail.

(2.) The occurrence took place on 20.12.2006 at 9 p.m. during which the de facto complainant and two others were attacked with swords and iron rod. Two of them are stated to be still in the hospital.

(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 and then have his regular bail application disposed of by the Magistrate concerned. Accordingly, the petitioner shall surrender before the Investigating Officer on any day between 15.1.2007 and 17.1.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. Thereafter the petitioner shall be produced before the Magistrate who is having jurisdiction, on the same day. The Magistrate shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed. This petition is disposed of as above.