IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 Bail Appl..No. 5746 of 2010() ----------------------------------------- CRIME NO.818/2010 OF VARKALA POLICE STATION. ........... PETITIONERS/1ST AND 3RD ACCUSED: ---------------------------------------------------------- 1. PRADEEP, AGED 20 YEARS, S/O.YENKADAS, KUNNILVILA MANGLAVIL, CHERUNNIYOOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT. 2. UMESH @ SAJITHLAL, AGED 26 YEARS, S/O.LALKUMAR, LAKSHAM VEEDU, THANNIMOODU, CHERUNNIYOOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5746 of 2010 ------------------------------------------------ Dated this the 24th day of September, 2010 ORDER The petitioners, who are accused Nos.1 & 3 in Crime No.818/2010 of Varkala Police Station for offences punishable under Sections 143, 147, 148, 149, 341 & 308 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 5/10/2010 or on 6/10/2010 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj