P P RAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks anticipatory bail on the allegation that the Kasaba Police, Kozhikode are at his heels in connection with Crime No.28/07 registered for an offence punishable under section 41(1)(d) Cr.P.C.

(2.) Learned Public Prosecutor opposed the application submitting, inter alia, that the above crime now stands registered for an offence punishable under section 380 read with section 34 IPC and that the petitioner and other accused committed theft of wooden frames from a workshop and accused 1 to 3 were arrested and 4th accused who was sitting in the vehicle made good his escape thereby averting his arrest.

(3.) I am not inclined to grant anticipatory bail to the petitioner. I am, however, inclined to give the petitioner an opportunity to surrender before the Investigating officer and then to have his application for bail considered by the Magistrate expeditiously. Accordingly, the petitioner shall 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 having jurisdiction on the same day who shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same date on which it is filed. This application is disposed of as above.