C K SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 2nd accused in Crime No.138/06 of Paravur Police Station for an offence punishable under Sec.304 read with section 34 I.P.C., seeks anticipatory bail. The occurrence took place on 28.02.06.

(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 29-05-2007 and 31-05-2007 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.