IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Bail Appl..No. 250 of 2009() ---------------------------- CRIME NO. 590/2008 OF AROOR POLICE STATION PETITIONERS/ACCUSED 1 AND 2 ----------------------------------------------- 1. BIBIN KUMAR, S/O.BHASKARAN, BIBIN NIVAS, S.N.PURAM P.O., CHERTHALA. 2. SANESH, S/O.BHANU DAS, KUTTANCHALIL, S.N.PURAM P.O., CHERTHALA. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, AROOR POLICE STATION. 3. SAINUDEEN, FAIZAL MANZIL, AROOR, CHERTHALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ FOR R1 & R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. 250 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of February, 2009 O R D E R Petitioners who are accused 1 and 2 in Crime No. 590/2008 of Aroor Police Station for offence punishable under Section 395 I.P.C., 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 any day between 4-3-2009 and 5-3-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of their applications for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE. mn.