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. 5096 of 2010() ---------------------------------- CRIME NO. 125/2010 OF KANJIKUZHI POLICE STATION ................... PETITIONERS/ACCUSED : ------------------------------- 1. JIJI S/O. POULOSE, AYATHUPADATHU HOSUE, AIPARA P.O., KANJIKUZHI VILLAGE, THODUPUZHA TALUK. 2. BENNY S/O. JOSEPH, ALAKKAPPALLIL HOUSE, ALPARA P.O., KANJIKUZHI VILLAGE, THODUPUZHA TALUK. BY ADVS. SRI.JOSEPH JOHN SRI.T.J.MICHAEL RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSEPCTOR OF POLICE, KANJIKUZHI. BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR 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. 5096 of 2010 .......................................... Dated this the 3rd day of September, 2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No. 125/2010 of Kanjikuzhi Police Station for offences punishable under Sections 294(b), 341, 323, 324 and 308 read with Section 34 I.P.C., 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 15.09.2010 or 16.09.2010 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. V.RAMKUMAR, JUDGE ln