IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 2011 of 2010() ----------------------------- CRIME NO. 113/2010 of CHERPULASSERY POLICE STATION, PALAKKAD .................... APPLICANT/ACCUSED NOS.1 & 2:- --------------------------------------- 1. SIVADASAN, AGED 46 YEARS, S/O.KOTHA, VADAKKETHIL VEEDU, PANNIYAMKURUSSI, CHERPULASSERI P.O., PALAKKAD. 2. MOHANAN, AGED 28 YEARS, S/O.KUNJIRAMAN NAIR, SREESAILAM, INDRALAYAM, PANNIYAMKURUSSI, CHERPULASSERI P.O., PALAKKAD. BY ADV. MR. P.VIJAYA BHANU MR. VIPIN NARAYAN RESPONDENT/COMPLAINANT:- ----------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHERPULASSERY POLICE STATION. ADV. MR. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 2011 of 2010 ---------------------------------- Dated this the 6th day of April, 2010. O R D E R Petitioners who are accused Nos. 1 and 2 in Crime No. 113 of 2010 of Cherpulassery Police Station for an offence punishable under Section 306 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 16-04-2010 or 17- 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 applications for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. Dated this the 6th day of April, 2010. V.RAMKUMAR, JUDGE. rv