IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Bail Appl..No. 1493 of 2009() ----------------------------- CRIME NO. 155/2009 of NADAKKAVU POLICE STATION APPLICANT/ACCUSED:- --------------------------- N.M.SAVAD, AGED 25 YEARS, S/O.KUNHAMMU, NEDUMANNIL HOUSE, KAKKODI, VENGERI P.O., KOZHIKODE DISTRICT. BY ADV. MR. P.VIJAYA BHANU MR. VIPIN NARAYAN RESPONDENT/COMPLAINANT:- ------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE ASSISTANT COMMISSIONER OF POLICE, (NORTH KOZHIKODE CITY), NADAKKAVU POLICE STATION. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1493 of 2009 ---------------------------------- Dated this the 26th day of March, 2009. O R D E R Petitioner who is the accused in Crime No. 155 of 2009 of Nadakkavu Police Station for offences punishable under Section 67 of the Information Technology Act and Section 292(2)(a) 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 any day between 02.04.2009 and 04.04.2009 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 26th day of March, 2009. V.RAMKUMAR, JUDGE. rv