IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Bail Appl..No. 4343 of 2010() ------------------------------------ CRMP.1571/2010 of D.C. & SESSIONS COURT,KOLLAM FOR ANTICIPATORY BAIL IN CRIM NO.722/2010 OF PARAVUR POLICE STATION OF KOLLAM DISTRICT. .................... PETITIONE/ ACCUSED NOS. 1 AND 3 TO 5 ------------------------------------------------------------- 1. SUMESH LAL, AGED 25 YEARS, S/O.SUDEVAN, VATTACHALIL VEEDU, KARADIMUKKU, POOTHAKULAM VILLAGE (A-1) 2. SUJIN LAL, AGED 20 YEARS, S/O.SUDEVAN, VATTACHALIL VEEDU, KARADIMUKKU, POOTHAKULAM VILLAGE (A-3) 3. SYAM,AGED 23 YEARS, S/O.SASANKAN, KALLUVILA VEEDU, NEDUNGOLAM CHERRY, OZHUKUPARA, PARAVOOR VILLAGE (A-4) 4. JIJIN @ MANIKANDAN, AGED 24 YEARS, NEDUNGOLAM CHERRY, OZHUKUPARA, PARAVOOR VILLAGE (A-5) BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): COMPLAINANTS ------------------------------------------------ 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLCIE, PARAVUR POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. =============== B.A. No. 4343 of 2010 ====================== Dated: 5th day of August, 2010 ORDER Petitioners, who are accused Nos.1 and 3 to 5 in Crime No.722/2010 of Paravur Police Station for offences punishable under Sections 143, 147, 148, 458, 324 and 354 read with 149 I.P.C. And 27 of the Arms Act, seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. The 2nd petitioner ie; A3 was arrested and granted bail. The prayer of the 2nd petitioner is dismissed as infructuous since he was arrested. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner Nos.1, 3 and 4 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 petitioner Nos.1, 3 and 4 shall surrender before the investigating officer on 16.8.2010 or on 17.08.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner Nos.1, 3 and 4 shall thereafter appear before the Magistrate who on being satisfied that the petitioner Nos.1, 3 and 4 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 dmb