IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 4895 of 2010() ----------------------------- CRIME NO.448/2010 OF KUMBLA POLICE STATION PETITIONERS/ACCUSED NOS. 2 TO 5 ------------------------------------------------------------- 1. HUSSAIN HAJI, AGED 65 YEARS, S/O.IBRAHIM HAJI, RESIDING AT RUXSANA MANZIL, GHS ROAD, PO SHERIYA, KUMBLA, KASARAGOD TALUK AND DISTRICT. 2. AYSHA, AGED 50 YEARS, W/O.HUSSAIN HAJI, RESIDING AT RUXSANA MANZIL, GHS ROAD, PO SHERIYA, KUMBLA, KASARAGOD TALUK AND DISTRICT. 3. RUKSANA, AGED 25 YEARS, D/O.HUSSAIN HAJI, RESIDING AT UPPALA GATE, P.O UPPALA, KASARAGOD DISTRICT. 4. AYOOB, AGED 35 YEARS, S/O.HUSSAIN HAJI, RESIDING AT UPPALA GATE, P.O UPPALA, KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE --------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.4895 of 2010 =============================== DATED: 3.09.2010 O R D E R Petitioner who are accused Nos.2 to 5 in Crime No.448/2010 of Kumbla Police Station for an offence punishable under Section.498A I.P.C. and Section 4 of the Dowry Prohibition Act, seeks 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 15.09.2010 or on 16.09.10 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 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 sj