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. 158 of 2009() ---------------------------- CRMP.3677/2008 of DISTRICT & SESSIONS COURT, ALAPPUZHA CRIME NO. 602/2008 of AROOR POLICE STATION .................... PETITIONERS/SUSPECTED ACCUSED:- ------------------------------------------ 1. SOJAN AUGUSTINE, S/O. AUGUSTINE, AGED 27 YEARS, 2. SIBY AUGUSTINE, S/O. AUGUSTINE, AGED 32 YEARS, NALAMPURACKAL HOUSE, THURAVOOR P.O., CHERTHALA 3. SAJI AUGUSTINE, S/O. AUGUSTINE, AGED 34 YEARS, NALAMPURACKAL HOUSE, THURAVOOR P.O., CHERTHALA. 4. KATHREENA, W/O. AUGUSTINE, AGED 64 YEARS, NALAMPURACKAL HOUSE, THURAVOOR P.O., CHERTHALA. BY ADV. MR. P.G.THAMPI, SENIOR ADVOCATE MR. G.PRIYADARSAN THAMPI MR. V.GOPIKRISHNA RESPONDENT/COMPLAINANT:- ---------------------------------- THE STATION HOUSE OFFICER, AROOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR 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. 158 of 2009 ---------------------------------- Dated this the 26th day of February, 2009. O R D E R Petitioners who are the accused in Crime No.602 of 2008 of Aroor Police Station for an offence punishable under Section 420 r/w Section 34 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 05.03.2009 and 06.03.2009 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 applications 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 February, 2009. V.RAMKUMAR, JUDGE. rv