IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 7804 of 2008() ----------------------------- CRIME NO.68/CR/07 OF THE CBCID PALAKKAD ARISING OUT OF CRIME NO.431/2006 OF THE NILAMBUR POLICE STATION PETITIONER/ACCUSED NO.3 --------------------------------------------------- T. SURENDRAN, S/O. RAVUNNI NAIR, THARAYIL HOUSE, MUTHUR, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE ------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OR POLICE, C.B.C.I.D, PALAKKAD - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERENAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.7804 of 2008 =============================== DATED: 25.03.2010 O R D E R Petitioner who is the 3rd accused in Crime No.68/CR/07 of the CBCID, Palakkad arising out of Crime No.431 of 2006 of the Nilambur Police Station for an offence punishable under Sec.420 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Merely because A1 has been granted anticipatory bail on medical grounds, it is no reason that a co-accused also should be granted anticipatory bail. Three earlier applications for anticipatory bail by the petitioner were dismissed by this Court. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the Detective Inspector, CBCID Economic Wing III, Kozhikode on 06.04.10 or on 07.04.10 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear before the Magistrate who on being satisfied that the petitioner has been interrogated by the Police, shall consider and dispose of his 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