IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Bail Appl..No. 7304 of 2010(M) ------------------------------------------ CRIME NO.473/2010 OF THE KODUVALLY POLICE STATION, KOZHIKODE DISTRICT. ......... PETITIONERS/ACCUSED --------------------------------------- 1. MOHAMMED @ AAPU, S/O. MOIDU, AGED 30 YEARS,PARAKKAL, AVILORA AMSOM,DESOM,KODUVALLIL,KOZHIKODE DISTRICT. 2. FAISAL, S/O. MOIDU, AGED 31 YEARS,PARAKKAL, AVILORA AMSOM,DESOM,KODUVALLIL,KOZHIKODE DISTRICT. 3. MOHAMMED ALI, S/O. ABDUL RAHIMAN, AGED 28 YEARS, KANIYARAKKAL, AVILORA AMSOM,DESOM,KODUVALLIL,KOZHIKODE DISTRICT. 4. AZEEZ S/O. ABDUL RAHIMAN, AGED 30 YEARS, KARIVELIKADAVU, AVILORA AMSOM,DESOM,KODUVALLIL,KOZHIKODE DISTRICT. 5. RAHIM, S/O. MOOSA, AGED 25 YEARS, CHALIKKETTIL, AVILORA AMSOM,DESOM,KODUVALLIL,KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7304 of 2010 ------------------------------------------------ Dated this the 19th day of November, 2010 ORDER The petitioners, who are accused Nos.1 to 5 in Crime No.473 of 2010 of Koduvally Police Station for offences punishable under Sections 143, 147, 148, 341, 324 & 326 read with Section 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 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. V.RAMKUMAR, JUDGE skj