IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 1032 of 2009() -------------------------------- CRIME NO. 27/2009 OF POOVAR POLICE STATION PETITIONERS/ ACCUSED NOS. 5 & 6:- ------------------------------------------- 1. VELLAPPAN, SIVA BHAVANAM, PAYANTHIL, POOVAR, TRIVANDRUM. 2. HARIDAS, ROHINI, PAYANTHIL, POOVAR, TRIVANDRUM. BY ADV. MR. M.R.SARIN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE POOVAR POLICE STATION, TRIVANDRUM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1032 of 2009 ---------------------------------- Dated this the 6th day of March, 2009. O R D E R Petitioners who are accused Nos. 5 and 6 in Crime No. 27 of 2009 of Poovar Police Station for an offence punishable under Section 5 A of the Kerala Rationing Order, 1966 r/w Section 3 and 7 of the Essential Commodity Act, 1955 I.P.C., seek 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 petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on any day between 12.03.2009 and 13.03.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of their applications 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 March, 2009. V.RAMKUMAR, JUDGE. -:2:- rv