JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 1st accused in Crime No.150/07 of Kundara Police Station for offences punishable under Secs.308, 452, 323 and 324 read with sec.34 I.P.C. and section 2 of the Arms Act, seeks anticipatory bail. The occurrence took place on 18.2.2007.

(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 06-06-2007 and 08-06-2007 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 his application for regular bail, preferably on the same date on which such application is filed. This petition is disposed of as above.