High Court Kerala High Court

Sunil C.B. vs Circle Inspector Of Police on 1 October, 2010

Kerala High Court
Sunil C.B. vs Circle Inspector Of Police on 1 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5955 of 2010()


1. SUNIL C.B., AGED 44 YEARS,
                      ...  Petitioner
2. SATHEESH C.B., AGED 47 YEARS,

                        Vs



1. CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.ALIAS M.CHERIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/10/2010

 O R D E R
                              V. RAMKUMAR, J.
                            ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
                        Bail Appln.No.5955 of 2010
                      ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
                              Dated: 01/10/2010

                                     ORDER

The petitioners, who are accused Nos.1 & 2 in Crime No.455 of 2010 of

Thrissur West Police Station for an offence punishable under Section 420 I.P.C.,

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 14/10/2010 or

on 15/10/2010 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. In case there is no incriminating

material against the petitioners, the investigating officer shall submit a report to

that effect before the Magistrate and release the petitioners from custody

permitting them to appear before the Magistrate and apply for regular bail. In

case the petitioners apply for regular bail, they shall be released on bail

preferably on the same date on which the application is filed.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE
skj