IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Bail Appl..No. 5142 of 2010() ---------------------------------------- CRIME NO.5\433/2010 OF KASARAGOD POLICE STATION, KASARAGOD DISTRICT. . PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. ANWAR SALIM, AGED 31 YEARS, S/O. MUHAMMED, FIDAF MAHAL, SANTHOSH NAGAR, KASARAGOD DISTRICT. 2. ABDUL HAMEED @ TIGER HAMEED, S/O. ISMAIL, AGED 29 YEARS, UKKAMPETTY HOUSE, PANALAM, CHENGALA VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE ----------------------------------- THE STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5142 of 2010 ------------------------------------------------ Dated this the 13th day of September, 2010 ORDER The petitioners, who are accused Nos.1 & 2 in Crime No.433/2010 of Kasaragod Police Station for offences punishable under Sections 341, 323, 324, 365, 308 & 427 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 23/9/2010 or on 24/9/2010 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 Bail Appln.No.5142/2010 : 2 : 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 skj