IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Bail Appl..No. 4113 of 2010() ----------------------------------------------- CRIME NO.528/2010 OF THRISSUR POLICE STATION APPLICANT/ACCUSED ------------------------------------- 1. LENIN, AGED 40 YEARS, S/O. APPUNNI, ARANGATH HOUSE, VADANAPILLY VILLAGE, THRISSUR. 2. MANDAKINI, AGED 34 YEARS, W/O. LENIN, ARANGATH HOUSE, VADANAPILLY VILLAGE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, THRISSUR EAST POLICE STATION. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK SRI.MANSOOR.B.H. FOR ADDL R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== B.A.No.4113 of 2010 ====================== Dated: 02.08.2010 ORDER Petitioners, who are husband and wife and the accused in Crime No. 528/2010 of Thrissur East Police Station for offences punishable under Sections 415,420,463,464,467,468,471 and 120B read with 34 I.P.C., seek anticipatory bail. 2. The learned counsel for the Additional 2nd respondent/ de facto complainant 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 12.08.2010 or on 13.08.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear before the Magistrate who on being satisfied that the petitioners have been interrogated by the Police, shall consider and dispose of their application for regular bail preferably on the same date on which it is filed. In the case of 2nd accused who is a woman the learned Magistrate shall consider the applicability of the proviso to Section 437 Cr.P.C. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj