IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Bail Appl..No. 5095 of 2010() -------------------------------------- CRIME NO.459/2010 OFKUMBLA POLICE STATION ... PETITIONER/ACCUSED ----------------------------------- 1. RAJKUMAR NAIK.S., S/O. BHIMMA NAIK.S., RESIDING AT UREEKKAD HOUSE, SANPAMGALA, UKKIRIADKA.P.O., ENMAKAJE VILLAGE, KASARAGOD. 2. YOGISH NAIK.S. S/O. BHIMMA NAIK, RESIDING DO- BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ====================== B.A. No.5095 of 2010 ====================== Dated: 13.09.2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No. 459/2010 of Kumbla Police Station for offences punishable under Sections 498A and 304B 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 22.09.2010 or on 23.09.2010 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 sj