IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 7397 of 2009() ----------------------- CRIME NO. 459 OF 2009 OF SASTHAMCOTTA POLICE STATION PETITIONERS/ACCUSED ------------------- 1. SHIBU @ JUDE ANTONY, VADAKKADATHU PADINJATTATHIL, KULANGARABHAGAM, SASTHAMCOTTA. 2. PRADEEP, KARINGADA HOUSE, EALSI MANDIRAM, KOVILTHOTTAM, SASTHAMCOTTA. BY ADV. SRI. K.SHAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 7397 of 2009 .......................................... Dated: 29-03-2010 ORDER Petitioners who are accused Nos. 5 and 6 in Crime No. 459 of 2009 of Sasthamcotta Police Station for offences punishable under Sections 143, 147, 148, 323, 324 and 326 read with Section 149 I.P.C. and Sec. 27 of the Arms 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 12- 04-2010 or 13-04-2010 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 application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. Dated this the 29th day of March, 2010. V.RAMKUMAR, JUDGE ani