IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Bail Appl..No. 5169 of 2010(A) ----------------------------------- (CRIME NO.984/09 OF KALAMASSERY POLICE STATION NOW RENUMBERED AS CRIME 215/CR/10 OF CBCID, SIG-11, ERNAKULAM) .................... PETITIONERS/ACCUSED NO.14, 15 & 17 ------------------------------------------------------ 1. DHARMAPALAN, AGED 57 YEARS, RETIRED ASI, RESIDING AT DHANESH BHAVAN, VARAVILA P.O., CLAPPANA, KARUNAGAPPALLY. 2. R.REGHUNATHAN, AGED 56 YEARS, RETIRED ASI, RESIDING AT KARTHIKA, SMRA NAGAR-52, MULAMKADAKAM, THIRUMULLAVARAM P.O., KOLLAM. 3. V.THAMPI, AGED 56, RETIRED ASI (GRADE), RESIDING AT SREENILAYAM, KALARI WARD, PANMANA VILLAGE, CHAVARA P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE C.I. OF POLICE, CRIME BRANCH C.I.D., SIG II, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No. 5169 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 13th day of September, 2010 ORDER Petitioners, who are accused Nos.14, 15 and 17 in Crime No. 984/2009 of Kalamassery Police Station (now re-numbered as Crime 215/CR/10 of CBCID, SIG-II, Ernakulam) for offences punishable under Sections 420, 468, 471 and 109 I.P.C. read with Section 12(1) (b) of Pass Port Act, 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 23.9.2010 or 24.9.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate who on being satisfied that the petitioners have been interrogated by the police 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 dmb