IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Bail Appl..No. 7195 of 2010() ----------------------------- C.R. NO. 26/2009 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM AGAINST THE JUDGEMENT/ORDER IN BA.3752/2010 Dated 19/07/2010 .................... PETITIONER/2ND ACCUSED ----------------------- SABU, S/O. SURENDRAN, THADATHARIKATHU VEEDU, PARANGODE P.O., ARYANAD, NEDUMANGAD. THIRUVANNTHAPURAM BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... Bail Application No. 7195 of 2010 .......................................... Dated: 4-11-2010 ORDER Petitioner who is the 2nd accused in C.R. No. 26 of 2009 of Nedumangad Excise Range, Thiruvananthapuram, for offences punishable under Sections 55 (a) and 67 B of the Abkari 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 15-11-2010 or 16-11-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced 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 bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22 preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE ani/