IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2113 of 2008() ----------------------------- CRIME NO. 296/CR/04 OF CBCID, PALAKKAD PETITIONERS : ACCUSED NOS.4-6 -------------------------------- 1. BABU @ JOMON, PAYYAPPALLI HOUSE MANNAMTHURUTH, VARAPUZHA, NORTH PARVUR. 2. RAVI KUMAR, S/O.KUMARAN, CHINJU NIVAS KIZHAKKEPPURAM, NORTH PARAVUR. 3. KUNJAPPAN @ SAVIYAN, ARUKKATHI KAITHARAM P.O., NORTH PARAVUR. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY DETECTIVE INSPECTOR, CBCID, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2113 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 4 to 6, who are arrayed as accused in the F.I.R. registered alleging offences punishable, inter alia, under Sections 468, 471 and 420 I.P.C. The crux of the allegations is that the first accused has raised a loan from the defacto complainant, a financier, on production of certain forged registration certificates. Investigation is in progress. The said crime was registered initially by the local police in 2002. Later the investigation has been taken over by the Crime Branch CID. The petitioners are named in the F.I.R., but significantly no specific allegation whatsoever is raised against them. 2. The learned Prosecutor submits that the Investigator is unable to point out any specific material on which the petitioners are required to be arrested. The learned Prosecutor submits that the Investigator, in these circumstances, stipulates that he does not want to arrest the petitioners now, though they have to be B.A.No. 2113 of 2008 2 interrogated for a proper completion of the investigation. The learned Prosecutor submits that the petitioners may be directed to make themselves available for interrogation before the Investigating Officer. The learned counsel agrees that the petitioners shall report before the Investigating Officer if date and time are specified. 3. In these circumstances I direct that the petitioners shall make themselves available for interrogation before the Investigating Officer at 10 a.m. on 21.4.2008 or thereafter if so directed by the Investigating Officer. The petitioners shall not be arrested and if their arrest were required later in connection with this crime, prior notice shall be given to the petitioners and prior permission of this Court shall be taken, undertakes the Prosecutor. 4. This application is accordingly dismissed with the above directions and accepting the submissions/undertaking of the learned Prosecutor. (R. BASANT) HO Judge tm