IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Bail Appl..No. 815 of 2009() ---------------------------- CRIME NO.113 OF 2009 OF ADOOR POLICE STATION PETITIONER/ACCUSED NO.1 & 2 ---------------------------------------------------------- 1. SUJITH SIMON, AGED 22 YEARS, S/O.SIMON CHERIAN, SUN SHINE HOUSE, MANACADE P.O., ADOOR. 2. SIMON CHERIAN, AGED 65 YEARS, S/O.CHERIAN, SUN SHINE HOUSE, MANACADE P.O., ADOOR. BY ADV. SRI.S.MOHANAN RESPONDENT(S): COMPLAINANT -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.815 of 2009 =============================== DATED: 18.03.2009 O R D E R Petitioners who are accused Nos.1 and 2 in Crime No.113 of 2009 of Adoor Police Station for offences punishable under Secs 406 and 420 read with Section 34 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 26.03.09 and 28.03.09 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 application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj