IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 7736 of 2008() ----------------------------- CRMP.2864/2008 of SESSIONS COURT, KOTTAYAM CRIME NO. 459/2008 of CHINGAVANAM POLICE STATION .................... PETITIONER/ ACCUSED:- ----------------------------- UTHUPPU SCARIAH, S/O. LATE MATHEW UTUPPAN, THEKEPARAMPIL, S.PURAM.P.O,KURUCHI VILLAGE, CHANGANACHERRY TALUK. NOW RESIDING AT CHIRAPURATH HOUSE, PATHAMUTTAM P.O., KOTTAYAM. BY ADV. MR. SURIN GEORGE IPE RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 7736 of 2008 ---------------------------------- Dated this the 11th day of March, 2009. O R D E R Petitioner who is the accused in Crime No. 459 of 2008 of Chingavanam Police Station for an offence punishable under Section 7 of the Essential commodities Act, 1955 for the violation of Clause 16 of the Kerala Kerosene Control Order, 1968, 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 16.03.2009 and 18.03.2009 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. Dated this the 11th day of March, 2009. V.RAMKUMAR, JUDGE. rv