IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1473 of 2009() ------------------------------------------ (CRIME NO.80/2008 OF MALA POLICE STATION) PETITIONERS: ---------------------- 1. XAVIER, AGED 29, S/O. LATE ROCKY, VADAKKUMPADAN HOUSE, MURINGOOR P.O., VADAKKUMURI VILLAGE, CHALAKUDY, THRISSUR DISTRICT. 2. BAIJU, AGED 27, S/O. LATE ROCKY, -DO- -DO- BY ADVS. MR.JOHNSON MANAYANI MR.P.V.PAULSON. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DETECTIVE INSPECTOR, CBCID, SIG-II, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1473 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of March, 2009 O R D E R Petitioners who are the accused in Crime No.80/2008 of Mala Police Station for offences punishable under Sections 489B, 420 read with section 34 IPC, 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 28-3-2009 and 31-3-2009 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. mn.