BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the accused in Crime No.4/07 of Perunad Police Station for offences punishable under Secs.324 and 308 I.P.C., seeks anticipatory bail. The occurrence took place at 8 p.m. on 9.1.2007 inside a hotel, where one Santhosh was allegedly attacked by the petitioner with a knife inflicting three grievous injuries on the vital part of his body. Weapon of offence is yet to be recovered.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within a period of two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed. This petition is disposed of as above.