SHYAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 5th accused in Crime No.669/2006 of Chalakkudy Police Station for an offence punishable under sec.395 I.P.C., seeks anticipatory bail.

(2.) The case of the prosecution is that the five accused persons trespassed into the house of the de facto complainant on 6.11.2006 at about 1.30 p.m. and snatched away the gold chain weighing 10 sovereigns worn by her and also committed robbery of other gold chains and valuable items from the house after assaulting her and putting her under fear of death.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Investigating Officer for interrogation and then to have his regular bail application disposed of by the Magistrate concerned. Accordingly, the petitioner shall surrender before the Investigating Officer on any day between 8.2.2007 and 13.2.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. Thereafter the petitioner shall be produced before the Magistrate 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.