SIBY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 6th accused in Crime No.35/2006 of Vellathooval Police Station for offences punishable under secs.143, 144, 147, 148, 307 and 395 read with sec.149 I.P.C., seeks anticipatory bail.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is the person who had robbed the de facto complainant of his gold chain and wrist watch and cash worth Rs.1300/- after he was abducted in an autorickshaw.

(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 and then have his regular bail application disposed of by the magistrate concerned expeditiously. Accordingly, the petitioner shall surrender before the investigating officer on any day between 19.2.2007 and 21.2.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. The petitioner shall thereafter be produced before the magistrate having jurisdiction, on the same day. The magistrate shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed. This petition is disposed of as above.