IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 1341 of 2010() ----------------------------- CRIME NO. 556/2009 of NALLALAM POLICE STATION, KOZHIKODE PETITIONER/ACCUSED NO.2:- --------------------------------- BIJESH , S/O.BALAKRISHNAN, ELYADATHU THAZHATHU HOUSE, NELLUR (WEST),FEROKE PO, KOZHIKODE DISTRICT-673 631. BY ADV. MR. ARUN.B.VARGHESE MR. SREEJITH S.NAIR RESPONDENTS:- -------------------- 1. S.I.OF POLICE, NALLALAM POLICE STATION, KOZHIKODE DIST. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN-682 031. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1341 of 2010 ---------------------------------- Dated this the 6th day of April, 2010. O R D E R Petitioner who is the 2nd accused in Crime No.556 of 2009 of Nallalam Police Station for offences punishable under Section 379 I.P.C. and Section 21 of the Mines 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 16-04-2010 or 17-04- 2010 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 date on which it is filed. This petition is disposed of as above. Dated this the 6th day of April, 2010. V.RAMKUMAR, JUDGE. rv