IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Bail Appl..No. 6102 of 2010() ----------------------------- CRIME NO.554/2010 OF BALUSSERY POLICE STATION PETITIONER ------------------- JOSE K.C., S/O.K.C.CHANDY, AGED 62 YEARS, KUREEKATTU HOUSE, MUKKAM P.O., THIRUVAMBADI VILLAGE, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): STATE ----------------------------------------- THE STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER OF BALUSSERI POLICE STATION, KOZHIKODE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.6102 of 2010 .......................................... Dated: 15.10.2010 ORDER Petitioner who is the 2nd accused in Crime No.554/2010 of Balussery Police Station for offences punishable under Sections 3 read with 25(1)(A) of the Arms Act and Section 4 of the Explosive Substances 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 28.10.2010 or 29.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced 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. V.RAMKUMAR, JUDGE sj