IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Bail Appl..No. 5239 of 2010() ---------------------------- CRL.MC. 1340/2010 OF THE DISTRICT AND SESSIONS COURT, ERNAKULAM CRIME NO. 1407/10 OF E.T NORTH POLICE STATION ........................................................................................... PETITIONERS: -------------------- 1. MR. UMESH CHANDRA D.SHAH, AGED 46, S/O.DHANJI BHAI, HOUSE NO.234-51,12TH CROSS, WILSON GARDEN BANGALORE-27. 2. K.A.NANJUNDESWARA GUPTA, AGED 48, S/O.K.N.ADINARANAIDU,HOUSE NO.234-51,12TH CROSS,WILSON GARDEN BANGALORE-27. BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. C.I.OF POLICE, E.T.NORTH POLICE STATION, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ......................................... B.A. No.5239 of 2010 .......................................... Date: 06.09.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.1407/2010 of Ernakulam Town North Police Station for an offence punishable under Section 420 read with 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 17.9.2010 or on 18.9.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj