IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Bail Appl..No. 4744 of 2010(A) ------------------------------------------ (CRIME NO. 448/10 OF MUNDAKKAYAM POLICE STATION, KOTTAYAM DISTRICT) .................... PETITIONR/ACCUSED 2 & 3: ----------------------------------------- 1. JOBISH MONEY,AGED 29,S/O.MONEY, PULIKKAL THONDIYIL, SRAMBY BHAGOM, MUNDAKKAYAM VILLGE, KOTTAYAM DIST. 2. JOSHI MONEY, AGED 27, S/O. MONEY, PULIKKAL THONDIYIL, SRAMBY BHAGOM, MUNDAKKAYAM KARA, MUNDAKKAYAM VILLAGE, KOTTAYAM DIST. BY SRI.T.M.MOHAMMED YOUSUFF, SENIOR ADVOCATE, ADVS.SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K, SRI.JOBI.A.THAMPI, SMT.M.KABANI DINESH, SRI.JYOTHISH D.MONY. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSEPCTOR OF POLICE, MUNDAKKAYAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4744 of 2010 ------------------------------------------------- Dated this the 12th day of August, 2010 ORDER Petitioners who are accused Nos.2 & 3 in Crime No.448/2010 of Mundakkayam Police Station for offences punishable under Sections 308, 341, 324 & 294(b) read with Section 34 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 19-08-2010 or on 20-08-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear 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