LAWS(KER)-2007-2-153

A FIROZ Vs. STATE OF KERALA

Decided On February 19, 2007
A.FIROZ Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER, who is the 3rd accused in Crime No.1/2006 of Central Crime Branch-III, Egmore, Chennai for an offence punishable under section 420 read with section 34 IPC, seeks anticipatory bail.

(2.) LEARNED Public Prosecutor opposed the application submitting, inter alia, that accused Nos.1 to 3 had cheated the de facto complainant by inducing him to part with large amounts of money by accused Nos.1 and 2 showing properties over which they have no title and that custodial interrogation of thepetitioner is inevitable. Under these circumstances, I am not inclined to grant anticipatory bail to the petitioner. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for interrogation and then have his application for regular bail considered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer within two weeks from today for the purpose of custodial interrogation and recovery of incriminating materials, if any. The petitioner shall, thereafter, be produced before the concerned Magistrate, who shall consider and dispose of the application, if any, filed by the petitioner for regular bail, preferably on the same date on which it is filed. This application is disposed of as above.