IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Bail Appl..No. 1489 of 2009() ----------------------------- CRIME NO. 156/2009 OF NADAKKAVU POLICE STATION APPLICANTS/ACCUSED:- ---------------------------- 1. P.NOUSHAD, AGED 30 YEARS, S/O.ABDUL KAREEM, PATTOLATH HOUSE, VENGALI P.O., PUTHIYANGADI, KOZHIKODE DIST. 2. C.P.ARIF, AGED 30 YEARS, S/O.C.P.MOIDEEN KOYA, C.P.HOUSE, ARAKINAR P.O., KOZHIKODE DIST. BY ADV. MR. P.VIJAYA BHANU MR. VIPIN NARAYAN RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE ASSISTANT COMMISSIONER OF POLICE, (NORTH KOZHIKODE CITY), NADAKKAVU POLICE STATION. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ================= B.A. No. 1489 of 2009 ================== Dated this the 26th day of March, 2009. ORDER Petitioners who are the accused in Crime No. 156 of 2009 of Nadakkavu Police Station for offences punishable under Section 67 of the Information Technology Act and Section 292(2)(a) 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 02.04.2009 and 04.04.2009 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. Dated this the 26th day of March, 2009. V.RAMKUMAR, JUDGE rv