IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1199 of 2009() ----------------------------- CRIME NO. 74 OF 2009 OF ERUMAPETTY POLICE STATION PETITIONERS/ACCUSED NOS. 1 TO 5 --------------------------------------------------- 1. PRASAD, S/O.KUMARAN, PANIKKAPARAMBIL HOUSE, ERANELLAR VILLAGE, KECHERY, THRISSUR. 2. SUNIL, S/O.SREEDHARAN, PARAPPARAMBIL HOUSE, ERANELLAR VILLAGE, KECHERY, THRISSUR. 3. SUNIL, S/O.VELAYUDHAN, PAZHAMKANDATH HOUSE, ERANELLAR VILLAGE, KECHERY, THRISSUR. 4. SUMESH, S/O.SUBRAMANYAN, POORATHARA HOUSE, CHIRANELLAR VILLAGE, ERANELLAR VILLAGE, KECHERY, THRISSUR. 5. MANOJ, S/O.GANGADHARAN, PONNARASSERRY HOUSE, CHANTAL VILLAGE, THRISSUR. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * B.A. NO. 1199 of 2009 * * * * * * * * * * * * * * * * * * Dated: 16-03-2009 ORDER Petitioners who are accused Nos. 1 to 5 in Crime No. 74 of 2009 of Erumapetty Police Station for for an offence punishable under Sec. 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 petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on any day between 20-3-2009 and 24-3-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. Dated this the 16th day of March, 2009. V.RAMKUMAR, JUDGE ani