IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Bail Appl..No. 6756 of 2010(D) ----------------------------------- (CRIME NO. 139/2010 OF VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT) ......... PETITIONERS/ACCUSED NOS.2 & 3: ------------------------------------------ 1. ASHRAF, S/O.ABDULLA, AGED 26 YEARS, PATLA HOUSE, PATLA P.O., KASARGOD DISTRICT. 2. SHAMSUDHEEN, AGED 32 YEARS, PATLA HOUSE, PATLA P.O., KASARAGOD DISTRICT. BY ADVS. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS RESPONDENT(S): COMPLAINANT: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. .............................. B.A.No. 6756 of 2010 .......................................... Dated: 27th day of October, 2010 ORDER Petitioners, who are accused Nos. 2 and 3 in Crime No.139/2010 of Vidyanagar Police Station for offences punishable under Sections 143, 147, 148 and 332 read with 149 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 10.11.2010 or on 11.11.2010 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 his application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE dmb