IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1711 of 2009() ----------------------------- CMC.65/2009 of D.C. & SESSIONS COURT,KOZHIKODE CRIME NO.564/2008 OF KODUVALY POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ C.P.MUHAMMED ASHARAF, S/O.ALI, AGED 30 YEARS, CHULLIYOTTUPOYIL HOUSE, MANIPURAM VILLAGE, KODUVALLY. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE, REP. BY S.I. OF POLICE, KODUVALLY POLICE STATION, (CRIME NO.564/2008), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1711 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of April, 2009 O R D E R Petitioner who is the 2nd accused in Crime No.564/2008 of Koduvaly Police Station for an offence punishable under Section 5(1) (a)(b) read with section 25(1)(a)(3)(1) read with section 25(1-B)(a) of the Arms 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 13- 4-2009 and 15-4-2009 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. mn.