MADHU KURUMUTTATH VEEDU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in Crime No.30/2007 of Pandalam Police Station for offences punishable under secs.452, 323, 326, 354 and 427 I.P.C., seeks anticipatory bail.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the de facto complainant who is the sister-in-law of the petitioner was attacked at about 8 p.m. on 12.1.2007 from her house with weapons like iron rod etc. and she had sustained injuries including a compound fracture on her right leg.

(3.) It is too early to accept the petitioner's contention that he has been falsely implicated at the instance of the de facto complainant. 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 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 before the magistrate having jurisdiction, on the same day. The B.A.866/2007 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.