MOHAMMED CHERRY Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the 2nd accused in Crime No.12/07 of Pothukallu Police Station for offences punishable under Secs.452 and 332 read with section 34 I.P.C. and section 3 (2)(c) of P.D.P.P. Act, seeks anticipatory bail.

(2.) I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application submitting, inter alia, that the petitioner and others had in the night of 22.1.07 at 11.15 p.m. trespassed to the Vaniyampuzha Forest Station and attacked the Deputy Forest Range Officer and others and that he is also involved in two other forest offences.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within a period of two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed. This petition is disposed of as above.