IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 6073 of 2010() ---------------------------------------- CRIME NO.2509/2010 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT. ................... PETITIONERS/ACCUSED NO.1,3,4 & 5 ------------------------------------------------------- 1. NISHAD, S/O.MADHAVAN, AGED 36 YEARS., THARAYIL HOUSE, PUTHU VYPE. 2. BAIJU, AGED 29 YEARS., S/O.SASI, PAZHAMEL HOUSE, THEKKE MALIPURAM. 3. JUSTIN, AGED 39 YEARS., S/O.JOSEPH, THUNDIYIL HOUSE, THEKKE MALIPPURAM. 4. NELSON, S/O.JOSE, AGED 42 YEARS., KANNANTHARA HOUSE, THEKKE MALIPPURAM. BY ADV. SRI.K.V.SABU RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ====================== B.A. No.6073 of 2010 ====================== Dated: 05.10.2010 ORDER Petitioners, who are accused Nos.1,3,4 and 5 in Crime No. 2509/2010 of Central Police Station, Ernakulam for offences punishable under Sections 143,147,148,342,367,323,324 and 506(i) and 427 read with 149 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 19.10.2010 or on 20.10.2010 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. In case there is no incriminating material against the petitioners, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioners on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj