IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Bail Appl..No. 1685 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7546/2008 Dated 28/01/2009 .................... CRIME NO.201/2008 OF ADHUR POLICE STATION PETITIONERS 1. JOY MATHEW AGED 66 S/O.LATE MATHEW MUTHUMEKUZHIYIL, PANNADUKKAM, RIVER VIEW ESTATE, MULIYAR VILLAGE, KASARAGOD. 2. SHAJI SEBASTIAN AGED 40 YEARS, S/O.JOY MATHEW, R/AT PANNADUKKAM, MULIYAR VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): ----------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.1685 of 2009 .......................................... Dated: 2.04.2009 ORDER Petitioners who are accused Nos.1 & 2 in Crime No. 201 of 2008 of Adhur Police Station for offences punishable under Sections 342,326 & 308 read with 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 any day between 8.04-2009 and 13.04.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who 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 2nd day of April, 2009. V.RAMKUMAR, JUDGE sj