IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 1048 of 2009() ----------------------------- CRIME NO.27/2009 OF THE POOVAR POLICE STATION PETITIONER ------------------------------ BABU.M., MADHAVAM, PAYANTHILVILA POOVAR. BY ADV. SRI.M.R.SARIN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE POOVAR POLICE STATION, POOVAR, TRIVANDRUM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 1048 of 2009 =============================== DATED: 11.03.2009 O R D E R Petitioner who is the 2nd accused in Crime No.27 of 2009 of Poovar Police Station for offences punishable under Section 5A of the Kerala Rationing Order 1966 read with 3 & 7 of the Essential Commodity Act, 1955, 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 16.03.09 and 18.03.09 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