NIBI MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the first accused in Crime No.89/2007 of Koipuram Police Station for offences punishable under Sections 143, 147, 148, 427, 323, 324 and 308 IPC read with section 149 I.P.C., seeks anticipatory bail. The occurrence took place on 15.3.2007.

(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 4-6-2007 and 6-6- 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.