IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1638 of 2010() ----------------------------- C.R.NO.6/2009 OF KATTAPPANA EXCISE RANGE PETITIONER/ACCUSED NO.2 ------------------------------------------- SUDHEVAN, S/O.SUKUMARAN, ADIPLAKKAL VEETTIL, PAMPADUMPARA KARA, PAMPADUMPARA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KATTAPPANA, IDUKKI DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 1638 of 2010 =============================== DATED: 07.04.2010 O R D E R Petitioner who is the accused in C.R.No.6/2009 of Kattappana Excise Range for offences punishable under Secs.8(1) and (2) of the Kerala 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 21.04.10 or on 22.04.10 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear 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 preferably on the same day on which it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj