IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 2030 of 2009() -------------------------------- CRIME NO. 152/2009 of NADAKKAVU POLICE STATION PETITIONER/ACCUSED:- -------------------------- JAFER T.K., S/O. PAKKER, TERUVINKATTIL HOUSE, NANMANDA P.O., KOZHIKODE DISTRICT. BY ADV. MR. SUNNY MATHEW RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07.04.2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 2030 of 2009 ---------------------------------- Dated this the 7th day of April, 2009. O R D E R Petitioner who is the accused in Crime No.152 of 2009 of Nadakkavu Police Station for offences punishable under Section 67 of the Information Technology Act and Section 292(2)(a) 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 17.04.2009 or on 18.04.2009 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. Dated this the 7th day of April, 2009. V.RAMKUMAR, JUDGE. rv