IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1736 of 2009() ----------------------------- CRIME NO. 101/2009 OF AREACODE POLICE STATION PETITIONER/4TH ACCUSED ------------------------------------------ NOUSHAD C.A., AGED 68 YEARS, S/O.ABDUL RASHEED, "PADMASREE", SHANTHI NILAYAM, PALAPPURAM P.O., OTTAPALAM. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, AREACODE POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1736 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of April, 2009 O R D E R Petitioner who is accused No.4 in Crime No.101/2009 of Areacode Police Station for an offence punishable under Section 420 read with section 34 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 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 for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 17-4-2009 or on 18- 4-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V. RAMKUMAR, JUDGE. mn.