IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 7434 of 2009() ----------------------------- [CRIME NO. 389/2009 OF NADAPURAM POLICE STATION, KOZHIKODE DIST] PETITIONERS/ACCUSED ---------------------------------- 1. MUNEER, S/O.LATE AMMED MUSALIAR, AGED 39 YEARS, THAIKANDIYIL HOUSE, POST KALLACHI, NADAPURAM. 2. RIYAS, S/O.MOIDU, AGED 39 YEARS, POTTIKANDI HOUSE, POST KALLACHI, KOZHIKODE DISTRICT. 3. ASKAR, S/O.AMMED HAJI, AGED 35 YEARS, PUTHUSSERY HOUSE, POST KALLACHI, KOZHIKODE. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK V. RAMKUMAR, J. ----------------------------------- Bail Application No. 7434 of 2009 ---------------------------------- Dated this the 25th day of March, 2010. O R D E R Petitioners who are accused Nos. 2, 3 and 8 in Crime No.389 of 2009 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148, 506 (ii), 435 and 395 r/w Section 149 IPC and Section 3 of the Explosive Substances ACt, 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 07-04-2010 or 08- 04-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear before the Magistrate who on being satisfied that the petitioners have been interrogated by the police shall consider and dispose of their applications for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. Dated this the 25th day of March, 2010. V.RAMKUMAR, JUDGE. -:2:- rv