IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2353 of 2009 ------------------------------------ CRIME NO.1/2009 OF BEKKAL POLICE STATION ORDER IN BA.1566/2009 DATED 31.3.2009 .................... PETITIONERS-ACCUSED 4 & 5 --------------------------------------------- 1. SAKARIA, T.A., SON OF ABDULLA, KUTTIYIL VALAPPU, THAYYALANGADI, KASARAGOD DISTRICT. 2. RIYAS, SON OF ABDUL RAHIMAN, HUDAYATH NAGAR POST, VIDYANAGAR VIA, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT/STATE ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009 ALONG WITH BA NO.2338/2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.Nos.2338, 2345, 2353 & 2354 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER Petitioners who are accused in Crime Nos.501 of 2008, 5 of 2009, 1 of 2009 and 18 of 2009 respectively of the Bekkal Police Station, Kasaragod, for offences punishable under Sections 406 and 420 of the Indian Penal Code have filed these applications for anticipatory bail. 2. The learned Public Prosecutor opposed the applications contending that earlier they have been given an order permitting them to surrender before the investigating officer as evidenced by Annexure II. However, the counsel for the petitioners prays that they may be given time to surrender before the investigating officer. In a case of this nature there cannot be any question of granting anticipatory bail. However, I am inclined to permit the petitioners to surrender before the investigating officer for the purpose of interrogation and to move application for bail for consideration by the Magistrate having jurisdiction especially in the light of Annexure II order. 3. Petitioners shall surrender before the B.A.No.2338 of 2009, etc. 2 investigating officer on any day between 11.5.2009 and 14.5.2009 for the purpose of interrogation and recovery of incriminating materials, if any. In the event of such surrender, the petitioners shall be produced on the same day before the Magistrate who shall consider and dispose of their applications if filed, for regular bail preferably on the same day itself on which it is moved. These petitions are disposed of as above. C.T.RAVIKUMAR, JUDGE vns