IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2353 of 2009()
1. SAKARIA, T.A., SON OF ABDULLA,
... Petitioner
2. RIYAS, SON OF ABDUL RAHIMAN,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :05/05/2009
O R D E R
C.T.RAVIKUMAR, J.
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B.A.Nos.2338, 2345, 2353 &
2354 of 2009
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Dated, this the 5th day of May, 2009
ORDER
Petitioners who are accused in Crime Nos.501 of
2008, 5 of 2009, 1 of 2009 and 18 of 2009 respectively of the
Bekkal Police Station, Kasaragod, for offences punishable under
Sections 406 and 420 of the Indian Penal Code have filed these
applications for anticipatory bail.
2. The learned Public Prosecutor opposed the
applications contending that earlier they have been given an
order permitting them to surrender before the investigating
officer as evidenced by Annexure II. However, the counsel for
the petitioners prays that they may be given time to surrender
before the investigating officer. In a case of this nature there
cannot be any question of granting anticipatory bail. However,
I am inclined to permit the petitioners to surrender before the
investigating officer for the purpose of interrogation and to
move application for bail for consideration by the Magistrate
having jurisdiction especially in the light of Annexure II order.
3. Petitioners shall surrender before the
B.A.No.2338 of 2009, etc.
2
investigating officer on any day between 11.5.2009 and
14.5.2009 for the purpose of interrogation and recovery of
incriminating materials, if any. In the event of such surrender,
the petitioners shall be produced on the same day before the
Magistrate who shall consider and dispose of their applications
if filed, for regular bail preferably on the same day itself on
which it is moved.
These petitions are disposed of as above.
C.T.RAVIKUMAR, JUDGE
vns