SHERIN K M Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.1 and 5 in Crime No.244/2006 of Kaliyar Police Station for an offence punishable under Sec.379 read with sec.34 I.P.C., seek anticipatory bail.

(2.) The case of the prosecution is that all the five accused persons together came in a Maruthi car in front of Vrindavan Bar, Vannappuram on 15.12.2006 and had committed theft of a Bajaj Pulser Motorcycle belonging to the de facto complainant and parked in front of the bar.

(3.) It is too early to accept the petitioners' contention that they have nothing to do with the offence and that they have no criminal antecedents. Anticipatory bail cannot be granted in a case of this nature. But at the same time I am inclined to grant the petitioners an opportunity to surrender before the Investigating Officer and thereafter to have their bail applications disposed of on merits by the Magistrate concerned. Accordingly, the petitioners shall surrender before the Investigating Officer on any day between 18/11/2007 and 20/11/2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. Thereafter the petitioners shall be produced before the Magistrate who is having jurisdiction, on the same day. The Magistrate shall consider and dispose of the applications, if any, filed by the petitioners for regular bail preferably on the same day on which they are filed. With the above direction this petition is disposed of.