IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Bail Appl..No. 7659 of 2010() ---------------------------------- (CRIME NO.414/2010 OF CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT) ........ PETITIONERS/ACCUSED ----------------------------- 1. P.J.MATHEW, AGED 60 YEARS, S/O.JOSEPH, PERINGELLIL HOUSE, KARA, CHITTARICKAL P.O., KASARAGOD DISTRICT. 2. BABU M.K., S/O.KURIAN, AGED 57 YEARS, MANACKALATH HOUSE, CHITTARICKAL, CHITTARICKAL P.O., KASARAGOD DISTRICT. 3. RAGHAVAN M.D., S/O.DAMODARAN, AGED 52 YEARS, MUTHALAKULAM HOUSE, KOVVAL PALLI, KANHANGAD SOUTH P.O., KASARAGOD DISTRICT. BY ADVS. SMT.P.K.PRIYA SRI.K.V.SREEVINAYAKAN RESPONDENT(S): STATE ---------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O., CHITTARICKAL POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7659 of 2010 ------------------------------------------------ Dated this the 30th day of November, 2010 ORDER The petitioners, who are the accused in Crime No.414 of 2010 of Chittarikkal Police Station for offences punishable under Sections 133, 135, 138 & 150 of the Electricity Act, seek anticipatory bail. 2. The learned Public Prosecutor submitted that petitioners 1 & 2 are accused Nos.1 & 2 whereas 3rd petitioner is not an accused. If so, the request for anticipatory bail by the 3rd petitioner is rejected since he cannot have any apprehension of arrest and harassment. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners 1 & 2 (A1 & A2) 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 1 & 2 shall surrender before the investigating officer on 09/12/2010 or on 10/12/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners 1 & 2 shall Bail Appln.No.7659/2010 : 2 : thereafter be produced before the Magistrate who on being satisfied that the petitioners 1 & 2 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj