IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 1043 of 2009() ----------------------------- CRIME NO.46/2009 OF THE NILESHWAR POLICE STATION PETITIONERS: -------------------- 1. P.P. RIYAS, AGED 25 YEARS, S/O. IBRAHIM, KOTTAPPURAM, FATHIMA COTTAGE, NILESHWAR, 2. E.K. ABDUL FARIH, AGED 25 YEARS, S/O. ABDUL JABBAR, MAMA HOUSE, KOTTAPPURAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ---------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NILESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 1043 of 2009 =============================== DATED: 11.03.2009 O R D E R Petitioner, who is the accused in Crime No.46 of 2009 of Nileshwar Police Station for offences punishable under Secs.447,452,427,506(ii) read with 34 I.P.C, seeks 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 petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on any day between 16.03.09 and 18.03.09 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate who shall release the petitioner on bail on the same date on which application for regular bail is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj