IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Bail Appl..No. 6793 of 2010() ----------------------------- [CRIME NO.172/2010 OF THE MALAMPUZHA POLICE STATION] .................... PETITIONERS/ACCUSED NOS.4 & 5: ---------------------------------------------------- 1. SANJESH, S/O.VELAYUDHAN, AGED 28 YEARS, DURGA KALAM, VARANI, KADUKKAMKUNNAM, MALAMPUZHA. 2. RENJITH, S/O.RAJAN, AGED 22 YEARS, VARANI, KADUKKAMKUNNAM, MALAMPUZHA. BY ADVS. SRI.N.RAGHURAJ, SRI.A.V.RAVI, SMT.K.AMMINIKUTTY. RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAMPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ......................................... B.A. No.6793 of 2010 .......................................... Dated: 2.11.2010 ORDER Petitioners, who are accused Nos.4 and 5 in Crime No.172/2010 of Malampuzha Police Station for offences punishable under Sections 143,147,148,341,324 and 308 read with 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 15.11.2010 or on 16.11.2010 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 petitioner 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