IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Bail Appl..No. 7002 of 2010() -------------------------------------------- CMP.NO.4627/2010 OF SESSIONS COURT, THODUPUZHA ... (CRIME NO.1729/2010 OF THODUPUZHA POLICE STATION, ERNAKULAM DISTRICT) ... PETITIONERS/ACCUSED 1 &2: ----------------------------------------------- 1. NIBU MICHAEL,S/O.K.J.MICHAEL, KUZHIKKATTU HOUSE, MANAKKAD VILLAGE, MANAKKAD KARA. 2. AJAYKUMAR, S/O.HARIHARAN NAIR, ANIYAVEETTIL HOUSE, EAST KODIKULAM KARA, KODIKULAM VILLAGE. BY ADV. SRI.M.AJAY RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, THODUPUZHA POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ............................... B.A. No. 7002 of 2010 .......................................... Dated: 10th day of November, 2010 ORDER Petitioners, who are accused Nos. 1 and 2 in Crime No.1729/2010 of Thodupuzha Police Station for offences punishable under Sections 341, 333, 323 and 294(b) 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 22.11.2010 or on 23.11.2010 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 dmb