IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Bail Appl..No. 6996 of 2010() --------------------------------------- ( CRIME NO. 401/09 OF ANCHAL POLICE STATION, QUILON DIST ) ---------------- PETITIONER/A12 ------------------------- JOHNY MATHEW, AGE 48, S/O.MATHEW, KUNNUMPURATHU VEEDU, PALA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE(CRIME NO.401/09), ANCHAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ......................................... B.A. No. 6996 of 2010 .......................................... Dated this the 15th day of November, 2010. ORDER Petitioner who is the accused in Crime No. 401 of 2009 of Anchal Police Station for an offence punishable under Section 55(a) of the 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 29.11.2010 or on 30.11.2010 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. Dated this the 15 th day of November, 2010. V.RAMKUMAR, JUDGE. rv