IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 7452 of 2009() ----------------------------- CRIME NO.597/2009 OF PUTHENVELIKKARA POLICE STATION, ERNAKULAM PETITIONER/ACCUSED -------------------------------------- SHAIJU, AGED 35, S/O.THANKAPPAN, PUTHANTHARA VEEDU, ELANTHIKARA KARA, PUTHENVELIKKARA VILLAGE. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION, ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 7452 of 2009 =============================== DATED: 07.04.2010 O R D E R Petitioner who is the accused in Crime No. 597/2009 of Puthenvelikkara Police Station for offences punishable under Sec. 55(a) & (i) of the Kerala Abkari 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 21.04.10 or on 22.04.10 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 day on which it is filed bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj