IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Bail Appl..No. 3638 of 2010() ----------------------------- (CRIME NO.62/2010 OF DEVIKULAM POLICE STATION) PETITIONERS ------------------------------- 1. GANAPATHY, S/O.SUNDARAJ, AGED 39 YEARS, WEST DIVISION, ARUVIKKAD SECTION, GUDERALE ESTATE, MUNNAR. 2. DEVI, W/O.GANAPATHY, AGED 30 YEARS, WEST DIVISION, ARUVIKKAD SECTION, GUDERALE ESTATE, MUNNAR. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED CIRCLE INSPECTOR OF POLICE, DEVIKULAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, DEVIKULAM POLICE STATION, DEVIKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.3638 of 2010 ------------------------------------------------ Dated this the 16th day of September, 2010 ORDER The petitioners, who are accused Nos.1 & 2 in Crime No.62/2010 of Devikulam Police Station for an offence punishable under Section 302 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 27/9/2010 or on 28/9/2010 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