IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND FEBRUARY 2007 / 13TH MAGHA 1928 Bail Appl..No. 585 of 2007() ---------------------------- CRIME NO.622/06 OF GURUVAYOOR POLICE STATION .................... : PETITIONER/3RD ACCUSED --------------------------------------- SINEESH, AGED 27 YEARS, S/O.SREEDHARAN, MAMMALAPPIL HOUSE, PONNURE P.O., THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATION HOUSE OFFICER, GURUVAYOOR POLICE STATION, (CR.NO.622/2006) GURUVAYOOR, THRISSUR DISTRICT. 2. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 585 OF 2007 ```````````````````````````````````````````````````` Dated this the 2nd day of February, 2007 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is the 3rd accused in Crime No.622/06 of Guruvayoor Police Station for an offence punishable under Sec.420 read with section 34 I.P.C., seeks anticipatory bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor opposed the application. 3. The case of the prosecution is that accused Nos.1 and 2 induced and collected Rs.4,000/- from the de facto complainant, a lottery agent, on the strength of forged lottery tickets alleged to have been supplied by accused Nos.3 and 4. 4. It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Anticipatory bail cannot be granted in a case of this nature. But, at the same time, I am inclined to allow the petitioner to surrender before the Investigating Officer for interrogation and then to have his application for regular bail considered and disposed of by the Magistrate having jurisdiction. Accordingly, the BA.585/07 2 petitioner is directed to surrender before the Investigating Officer on any day between 06/02/2007 and 09/02/2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. After interrogation, the petitioner shall be produced before the Magistrate concerned on the same day, who shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed. This petition is disposed of as above. (V. RAMKUMAR, JUDGE) aks