IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Bail Appl..No. 5922 of 2008() ----------------------------- CRIME NO.514/08 OF MATTANNUR POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------- C.ISMAIL, S/O. ABOO, AGED 42 YEARS 'SHARMILA MANZIL', URUVACHAL, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O. MATTANNUR POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5922 of 2008 ----------------------------------------- Dated this the 14th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 5(A) of the Kerala Rationing Order. According to prosecution, on 30.8.2008, three carry bags of rice supplied to a school, which are intended to be given to the students of the school, were seized from the shop belonging to the first accused. On investigation, it was revealed that those were given to him by a relative of the first accused, who is the second accused in the crime. 3. Learned counsel for petitioner submitted that the petitioner may be permitted to withdraw this petition and that he is prepared to surrender before the police or before the Magistrate Court. The incident happened on 30.8.2008 and the petitioner was not available for interrogation or for the purpose of investigation for a long period. BA.5922/08 2 4. In the above circumstances, the petitioner is directed to surrender before the investigating officer or before the Magistrate Court concerned and co-operate with the investigation within seven days from today. With this direction, petition is dismissed as withdrawn. K.HEMA, JUDGE vgs.