IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Bail Appl..No. 2112 of 2009 ----------------------------- (CRIME NO.1147/08 OF VADAKARA POLICE STATION) .................... PETITIONER/ACCUSED: -------------------------- NITHIN.R.,S/O.BALAN,AGED 22, RAYAROTH HOUSE,P.O.CHEMARATHOOR, VADAKARA. BY ADV. SRI.M.JAYAKUMAR (MUTHUKULAM) RESPONDENT/STATE: ----------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P. RAVINDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 2112 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of April, 2009. ORDER Petitioner who is the 3rd accused in Crime No.1147 of 2008 of Vadakara Police Station for offences punishable under Sections 143, 147, 148, 324 and 307 r/w Section 149 IPC and Section 3 and 4 of the Explosive Substances 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 05.05.09 and 07.05.09 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 B.A. No. 2112/09 -:2:- for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. P. BHAVADASAN, JUDGE ttb