KIZHISSERI ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the accused in Crime No.256/2007 of Perintalmann Police Station for an offence punishable under Section 308 IPC, seeks anticipatory bail.

(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 30-5-2007 and 1- 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 release him on bail on appropriate conditions. This application is disposed of as above.