IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7188 of 2008()
1. RAJEESH.P, AGED 29 YEARS,
... Petitioner
2. NAINOOK.T., AGED 32 YEARS, S/O ASSINAR,
Vs
1. STATE OF KERALA,REP;BY PUBLIC PROSECUTOR
... Respondent
2. THE SUB INSPECTOR OF POLICE, NADAKKAVU
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/02/2009
O R D E R
V. RAMKUMAR, J.
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Bail Application No.7188 of 2008
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DATED: 26.02.2009
O R D E R
Petitioners, who are accused in Crime No.570 of 2008 of
Nadakkavu Police Station for the offence punishable under
Section 392 IPC, 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 any day between 05.03.09 and
07.03.09 for the purpose of interrogation and recovery of
incriminating material, if any. The petitioners shall thereafter
be produced on the same day before the Magistrate who shall
consider and dispose of their application for regular bail
preferably on the same date on which it is filed. The learned
Magistrate shall, as and when moved for bail, consider the
B.A.No.7188/08 -:2:-
decisions in Vijayakumar v. Kamarudhin (1999(1)KLT 184),
Charanjit Singh Chadha and others v. Sudhir Mehra (AIR
2001 SC 3721), Orix Auto Finance (India) Ltd. vs.
Jagmander Singh (2006(2)SCC 598) and I.C.I.C.I Bank Ltd.
v.Prakash Kaur and others (2007(2)SCC 711) if cited before
him at the time of arguments.
This petition is disposed of as above.
Dated this the 26th day of February, 2009
V.RAMKUMAR, JUDGE
sj