IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 5437 of 2010() ------------------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.1944/2010 CRIME NO.92/2010 OF ALAKODE POLICE STATION, KANNUR .................... PETITIONER/ ACCUSED ----------------------------------- SIBI,S/O.VARGHSES @ APPACHAN, AGED 35, VADAKKEMURIYIL HOUSE, KARTHIKAPURAM P.O., ALAKODE AMSOM ARANGAM, DESOM, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH SHO ALAKODE POLICE STATION, KANNUR DISTRICT. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5437 of 2010 ------------------------------------------------ Dated this the 14th day of September, 2010 ORDER The petitioner, who is the fourth accused in Crime No.92/2010 of Alakode Police Station for offences punishable under Sections 2(e) (vii) of Motor Spirit & High Speed (Regulations of Supply & Distribution) Prevention Order read with Section 7 of E.C.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 24/9/2010 or on 25/9/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced Bail Appln.No.5437/2010 : 2 : before the Magistrate who on being satisfied that the petitioner has been interrogated by the police 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 skj