T P RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are accused Nos. 4 and 5 in Crime No.49/1999 of Panniyankara Police Station, Kozhikode, for an offence punishable under Section 395 IPC, seek anticipatory bail.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioners, along with other accused in the case, are alleged to have robbed Rs.3,83,747/- from the defacto complainant, a collection agent in rice business, after chasing and stabbing him with a knife and that the occurrence came to light as revealed by the first accused, who was arrested in connection with another crime.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioners should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate concerned and file applications for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which the applications are filed. The application is disposed of as above.