IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH FEBRUARY 2007 / 7TH PHALGUNA 1928 Bail Appl..No. 961 of 2007 ---------------------------- AGAINST THE ORDER IN BA.5188/2006 Dated 23/08/2006 CRIME NO.134/CR/SIG-II/06 OF CBCID, ERNAKULAM .................... PETITIONER/ACCUSED: ------------------------------------ ANTISH DAVID, 8/154 MALIAKKAL HOSUE, VELLIKULAM ROAD, CHALAKKUDY. BY ADV. SRI.GEORGE MECHERIL RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY C.I. OF POLICE C.B.C.I.D. KALOOR, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2007, ALONG WITH B.A.NO.962/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application Nos. 961/2007 & 962/2007 ----------------------------- Dated this 26th day of February, 2007 O R D E R The common petitioner in these applications for anticipatory bail is the third accused in crime Nos.216/2006 and 217/2006 of Chengamanadu Police Station and subsequently re-registered as Crime No.134/CR/SIG-II/06 of CBCID, Ernakulam and 135/CR/SIG-II/06 of CBCID Ernakulam for offences punishable under Sections 468 and 420 IPC read with Section 34 IPC and also under Section 12 (1)(a) and (b) of the Passport Act. 2. The learned Public Prosecutor opposed the applications. 3. After hearing both sides and considering the facts and circumstances of the case, even though I am not inclined to grant anticipatory bail to the petitioner, I am inclined to permit the petitioner to surrender before the Investigating Officer for interrogation and then tp have his applications for regular bail ordered by the Magistrate having jurisdiction. B.A.Nos.961/07 & 962/07 2 Accordingly, the petitioner is directed to surrender before the Investigating Officer on any date between 5.3.2007 and 7.3.2007 for the purpose of interrogation. The petitioner shall thereafter be produced on the same day before the concerned Magistrate who shall release him on bail on appropriate conditions, including one ensuring his presence for the purpose of interrogation as and when required by the police. The applications are disposed of as above. V.RAMKUMAR, JUDGE mrcs