IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 775 of 2009() ---------------------------- CRIME NO.118 OF 2007 OF VENGARA POLICE STATION PETITIONERS: ACCUSED 2 AND 3 --------------------------------------------------------- 1. K. PREJITH, S/O. SADANANDAN, MELEKARIMBANAKKAL HOUSE, OLAVANNA.P.O, NALLALAM. 2. V. NAZEER, S/O. ALI, VALAPPIL HOUSE, AYLOTTUPULAM, KINASSERI, POOKONNU.P.O, KOZHIKODE. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, VENGARA POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 775 of 2009 =============================== DATED: 04.03.2009 O R D E R Petitioners, who are accused Nos.2 & 3 in Crime No.118 of 2007 of Vengara Police Station for offences punishable under Section 397 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 10.03.09 and 12.03.09 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