SHANMUGHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.2 to 5 in Crime No.37/2007 of Ambalapuzha Police Station for offences punishable under secs.406 and 420 read with sec.34 I.P.C., seek anticipatory bail.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioners had collected funds from the public to a tune of Rs.11,25,000/- on false promises.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioners should not surrender before the Investigating Officer for interrogation and then to have their regular bail applications disposed of by the magistrate concerned. Accordingly, the petitioners shall surrender before the investigating officer on any day between 19.2.2007 and 21.2.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. The petitioners shall thereafter be produced before the magistrate 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 it is filed. This petition is disposed of as above.