IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Bail Appl..No. 5787 of 2010() ---------------------------------------- CRIME NO.1147/2010 OF THE NORTH PARAVOOR POLICE STATION, ERNAKULAM DISTRICT. ............. PETITIONERS/ACCUSED ------------------------------------ 1. RAFEEK, AGED 34 YEARS, S/O.ASHARAF, (THUNDIPPARAMBU), KANJIRAPPARAMBIL, PARAVOOTHARA, N.PARAVUR. 2. MUHAMMED, AGED 49 YEARS, S/O.HUSSAN, (THUNDIPPARAMBU), KANJIRAPPARAMBIL, PARAVOOTHARA, N.PARAVUR. 3. ANEEFF, AGED 19 YEARS, S/O.MUHAMMED, (THUNDIPPARAMBU), KANJIRAPPARAMBIL, PARAVOOTHARA, N.PARAVUR. BY ADV. SRI.LIJU. M.P., SMT.BHAMA G. NAIR. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY SUB INSPETOR OF POLICE, NORTH PARAVOOR POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ......................................... B.A. NO. 5787 of 2010 .......................................... Dated: 27-09-2010 ORDER Petitioners who are the accused in Crime No. 1147 of 2010 of North Paravoor Police Station, Ernakulam District for offences under the provisions of The Kerala Protection of River Banks and Regulationof Removal of Sand Act, 2001, 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 7-10- 2010 or 8-10-2010 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 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 27th day of September, 2010. Sd/-V.RAMKUMAR, JUDGE /true copy/ P.S. to Judge