IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Bail Appl..No. 730 of 2009() ---------------------------------------- (CRIME NO.244/2007 OF KUMBLA POLICE STATION) PETITIONER:2ND ACCUSED: -------------------------------------------- RAFEEQUE @ MOHAMMED RAFEEQUE, S/O.MOIDEEN KUTTY, KANNURKUNNIL HOUSE, P.O.KANNUR, KUMBLA, KASARGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): STATE: --------------------------------------- THE STATION HOUSE OFFICER, KUMBLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. 730 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of February, 2009 O R D E R Petitioner who is the 2nd accused in Crime No. 244/2007 of Kumbla Police Station for offences punishable under sections ..., 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 4-3-2009 and 5-3-2009 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. V.RAMKUMAR, JUDGE. mn.