IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Bail Appl..No. 7190 of 2010(E) ------------------------------------------ [CRIME NO.477/2010 OF ERUMELI POLICE STATION, KOTTAYAM DISTRICT] ............ PETITIONERS/ACCUSED: ------------------------------------ 1. JAINIS, S/O.JAMES, AGED 31, ARUTHOTTIYIL HOUSE, KEERITHODU BHAGAM, ERUTHWAPPUZHA KARA, ERUMELI SOUTH VILLAGE. 2. JAMES, S/O.MATHEW, AGED 57 YEARS, ARUTHOTTIYIL HOUSE, KEERITHODU BHAGAM, ERUTHWAPPUZHA KARA, ERUMELI SOUTH VILLAGE. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADVS. SRI.REJI GEORGE, SRI. RAJEEV P. NAIR, SMT.MANJU RAJAN. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, ERUMELI POLICE STATION, ERUMELI-686 509. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ......................................... B.A. No.7190 of 2010 .......................................... Dated this the 16 th day of November, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No. 477 of 2010 of Erumeli Police Station for offences punishable under Section 3 r/w Section 25(1)(a) of the Arms Act, 1959 and Section 5 of the Explosive Substances Act, 1908, 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 29.11.2010 or on 30.11.2010 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. Dated this the 16 th day of November, 2010. V.RAMKUMAR, JUDGE. Rv