IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 7629 of 2009() ----------------------------- CRIME NO.1068/2009 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT PETITIONER/ACCUSED NOS.2 & 3 ------------------------------------------------ 1. SELESTIN, S/O.MARIYA DAS, AGED 45 YEARS, ARTHIYIL PURAYIDAM (S.S.LAND) MARIYANADU, PUTHUKURUCHI P.O.,THIRUVANANTHAPURAM. 2. VAHID, S/O.MUHAMMED KUTTY, MATTATHU VEEDU, PUTHENTHURA P.O., NEENDAKARA. BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): ---------------------------- STAT OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== B.A. No.7629 of 2009 ====================== Dated: 30.03.2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No. 1068 of 2009 of Kottiyam Police Station for offences punishable under Section 16 of the Kerala Kerosene Control Order 1968 read with Sections 3 & 7(1)(a)(ii) of Essential Commodities Act, seek 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 petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on 12.04.2010 or on 13.04.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear before the Magistrate who on being satisfied that the petitioners have been interrogated by the Police, shall consider and dispose of their application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj