SATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 3rdaccused in C.R.No.5/07 of AmaravilaExciseRangeforoffences punishableundersections 55(a) and 67B of the Abkari Act for allegedly carrying 33 litres of spirit on 23.1.07, seeks anticipatory bail.

(2.) 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 interrogation and then to have his application for regular bail considered by the Magistrate having jurisdiction. Accordingly,the petitioner is directedto surrender before the Investigating Officer onany day between 16.4.2007 and 18.4.2007 for the purpose of interrogation. The petitioner shall, thereafter, be produced on the same day before the Magistrate having jurisdiction, who shall consider and dispose of the application for regular bail, if any, filed by the petitioner, preferably on the same date on which it is filed. This application is disposed of as above.