IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 Bail Appl..No. 1353 of 2009() ----------------------------- CRIME NO.30 OF 2008 OF KANNUR TOWN POLICE STATION PETITIONER ------------------------------ RAHMATHULLA USTHAD, S/O.SALIH MOULAVI, DARUSALAM,T.C.NO.10/1640, VATTIYOORKAVU,THIRUVANANTHAPURAM. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): RESPONDENT ------------------------- STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.1353 of 2009 =============================== DATED: 20.03.2009 O R D E R Petitioner who is the accused in Crime No.30 of 2008 of Kannur Town Police Station for an offence punishable under Section 379 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 any day between 26.03.09 and 28.03.09 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 for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj