IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl.No. 3182 of 2009(A) ----------------------------- PETITIONER ------------------- M.K.SANJEEV, AGED 46 YEARS, S/O. KESAVAN, MANAGING DIRECTOR, SREYES CHARITABLE TRUST, XXV/805, F, GYOTHI NAGAR, CHALAKUDY, TRICHUR - 680 307. BY ADV. SRI.JOHN S.RALPH SMT.PREETHY KARUNAKARAN RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, TRICHUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== B.A. No. 3182 of 2009-A ================== Dated this the 16th day of June, 2009. O R D E R Petitioner apprehending arrest in Crime No.219/2009 of Chalakudy Police Station filed Crl.M.C.No.522/2009 before Sessions Court, Thrissur under Section 438 of Code of Criminal Procedure for anticipatory bail. When it was rejected under Annexure II order, this petition is filed for the very same relief. 2. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned Counsel appearing for the petitioner is that he is prepared to pay the amount due to defacto complainant and there may be direction to the Magistrate to receive the amount. It is also submitted that petitioner is prepared to co-operate with the investigation and so petitioner may be granted anticipatory bail. B.A.No.3182/2009-A -2- 4. Learned Public Prosecutor submitted that custodial interrogation of the petitioner is necessary and in such circumstances anticipatory bail may not be granted. 5. No direction could be issued to the Magistrate to receive the amount due to the defacto complainant from the petitioner as it is not a fact to be considered by the Magistrate. Therefore that relief sought for by the learned counsel can only be rejected. 6. The Sessions Judge has rightly considered the question whether petitioner is entitled to get anticipatory bail and rejected it. When custodial interrogation of the petitioner is necessary, he is not entitled to get anticipatory bail. Petitioner is at liberty to surrender before the Magistrate and seek for regular bail. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr