DULFEEKER ALI HUSSAIN HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec.438 Cr.P.C. the petitioner, who is the first accused in Crime No.24/2007 of Nallalam Police Station for an offence punishable under Sec.379 IPC committed in respect of the poles relating to the cable connection, seeks anticipatory bail.

(2.) The learned Public Prosecutor opposed the application submitting that the missing poles have to be recovered.

(3.) Eventhough anticipatory bail cannot be granted in a case of this nature, I am inclined to permit the petitioner to surrender before the Investigating Officer for interrogation and then to have his application for regular bail ordered by the Magistrate concerned. Accordingly, the petitioner is directed to 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 on the same day before the Magistrate concerned, who shall release the petitioner on bail on appropriate conditions. This application is disposed of as above.