IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Bail Appl..No. 3275 of 2008() --------------------------------- CRIME NO. 73/CR/06 of CBCID KOZHIKODE PETITIONER/1ST ACCUSED: ----------------- MOHAMMED RAFEEQUE, S.O.MUHAMMED ALI HAJI,PENTHOTTATHIL HOUSE, KIZHUPARAMBA P.O.,AREACODE,MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, CBCID,KOZHIKODE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 3275 of 2008 ---------------------------------- Dated this the 22nd day of May, 2008. O R D E R Petitioner who is the accused in Crime No.73/CR/06 of CBCID Kozhikode for offences punishable under Sections 379, 420 and 120 B I.P.C and Sections 3 and 6 of Indian Telegraph Act 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 any day between 27.05.2008 and 29.05.2008 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. rv