IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 Bail Appl..No. 1611 of 2009() ----------------------------- CRIME NO.60/2009 OF ADHUR POLICE STATION, KASARAGOD PETITIONER/ACCUSED --------------------------------------- 1. B.A.ASHRAF, S/O.AHAMMED KUNHI, BALANADUKKOM HOUSE, P.O.MULIYAR, KASARAGOD. 2. ABDUL ROUF, S/O.B.MOHAMMED KUNHI, -DO- -DO- 3. B.M.ASHRAF, S/O.MAYIN, -DO- -DO- 4. K.B.MOHAMMED KUNHI, S/O.ASSAINAR, PARANGODE VILLA, BOVIKANAM, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE --------------------------------------------------------------------- 1. S.I. OF POLICE, ADHUR POLICE STATION, KASARAGOD. 2. STATE REP: BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.1611 of 2009 .......................................... Dated: 31.03.2009 ORDER Petitioners who are accused Nos.1 to 4 in Crime No.60 of 2009 of Adhur Police Station for offences punishable under Sections 143,147,148,323,324,308 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 any day between 4.04.2009 and 6.04.2009 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 31st day of March, 2009. V.RAMKUMAR, JUDGE sj