IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Bail Appl..No. 7188 of 2008() ----------------------------- CRIME NO.570 OF 2008 OF NADAKKAVU POLICE STATION PETITIONERS/ ACCUSED ---------------------------------------- 1. RAJEESH.P, AGED 29 YEARS, S/O GOPINATHAN, PAVITTAKANDI HOUSE, BEYPORE, KOZHIKODE DISTRICT. 2. NAINOOK.T., AGED 32 YEARS, S/O ASSINAR, CHAKRAYIAN VALAPPU, VELLAYIL, KOZHIKODE. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------------------- 1. STATE OF KERALA,REP;BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.7188 of 2008 =============================== DATED: 26.02.2009 O R D E R Petitioners, who are accused in Crime No.570 of 2008 of Nadakkavu Police Station for the offence punishable under Section 392 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 05.03.09 and 07.03.09 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. The learned Magistrate shall, as and when moved for bail, consider the B.A.No.7188/08 -:2:- decisions in Vijayakumar v. Kamarudhin (1999(1)KLT 184), Charanjit Singh Chadha and others v. Sudhir Mehra (AIR 2001 SC 3721), Orix Auto Finance (India) Ltd. vs. Jagmander Singh (2006(2)SCC 598) and I.C.I.C.I Bank Ltd. v.Prakash Kaur and others (2007(2)SCC 711) if cited before him at the time of arguments. This petition is disposed of as above. Dated this the 26th day of February, 2009 V.RAMKUMAR, JUDGE sj