IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2364 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1699/2009 Dated 03/04/2009 CRIME NO.190/09 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- JALEEL, AGED 47 YEARS, S/O.S.A.KOYA, KIZHOOR, KALANAD, KASARAGOD. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.P.G.PRAMOD RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION, KASARAGOD, (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2364 of 2009 ----------------------------------------- Dated this the 28th May, 2009 O R D E R The petitioner had filed B.A.No.1699 of 2009, which was disposed of on 3.4.2009. The said order reads as follows: “Petitioner who is the accused in Crime No.190 of 2009 of Kasaragod Police Station for offences punishable under Sections 260 and 420 I.P.C., 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 13.04.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the BA.2364/09 2 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.” Admittedly the petitioner has not surrendered before the investigating officer. I find that no grounds are made out to invoke Section 438 of the Code of Criminal Procedure. The bail application is dismissed. K.T.SANKARAN, JUDGE vgs.