IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 991 of 2009() ---------------------------- CRIME NO.213/2008 OF MALAYINKEEZHU POLICE STATION PETITIONERS/ ACCUSED 1 AND 2 --------------------------------------------------------- 1. RAJESH KUMAR, AGED 23 YEARS, S/O. RAJU, EDAVILAKATHU VEEDU, CHILAVACODE, CHEENIVILA, KOOVALASSERY.P.O, KATTAKADA, THIRUVANANTHAPURAM. 2. GIRISH KUMAR, S/O. VIDYADHARA FRANCIS, EDAVILAKATHU VEEDU, CHILAVACODE, CHEENIVILA, KOOVALASSERY.P.O, KATTAKADA, THIRUVANANTHAPURAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, MALAYANKEEZHU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 991 of 2009 =============================== DATED: 04.03.2009 O R D E R Petitioners, who are accused Nos. 1 & 2 in Crime No.213 OF 2008 of Malayinkeezhu Police Station for offences punishable under Secs.452 and 308 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 10.03.09 and 12.03.09 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj