A P ABDUL GAFOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in Crime No.19/07 of Thirurangadi Police Station for an offence punishable under section 376 IPC on an allegation of rape committed by him on his brother's wife aged 30 years on 6.1.2007, seeks anticipatory bail.

(2.) 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 interrogation and then to have his application for regular bail considered by the Magistrate having jurisdiction on the same day. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 7.2.2007 and 9.2.2007 for the purpose of interrogation. The petitioner shall thereafter be produced before the Magistrate concerned on the same day. The Magistrate shall consider the application, if any, filed by the petitioner for bail, preferably on the same date on which it is filed. This application is disposed of as above.