IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Bail Appl..No. 7179 of 2010() ---------------------------------------- CRIME NO.173/2010 OF VIDYANAGAR POLICE STATION, KASARAGODE. ....... PETITIONERS/ACCUSED --------------------------------------- 1. NOUFAL,AGED 25 YEARS,S/O.MUHAMMAD, MAMOOTY HOUSE,NATIONAL NAGAR, SIRIBAGLIU PO, MADUR PANCHAYAT,KASARAGODE. 2. KAPIL,AGED 26 YEARS,S/O.ABDULLA, THIRAVATHU HOUSE,NATIONAL NAGAR, SIRIBAGLIU PO,MADUR PANCHAYAT,KASARAGODE. 3. NISSAM,AGED 26 YEARS,S/O.MUHAMMED, MAMMALI HOUSE,NATIONAL NAGAR, SIRIBAGLIU PO, MADUR PANCHAYAT,KASARAGODE. 4. ALI,AGED 25 YEARS,S/O.ABDULLA, NATIONAL NAGAR, SIRIBAGLIU PO, MADUR PANCHAYAT,KASARAGODE. 5. KALEEL,AGED 29 YEARS,S/O.ABDULLA, NATIONAL NAGAR, SIRIBAGLIU PO, MADUR PANCHAYAT,KASARAGODE. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, VIDYANAGAR POLICE STATION, KASARAGODE DISTRICT PIN. 671 121. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... Bail Application No. 7179 of 2010 .......................................... Dated: 18th November, 2010 ORDER Petitioners who are the accused in Crime No. 173 of 2010 of Vidhyanagar Police Station, Kasaragod for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Sec. 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 30-11-2010 for the purpose of interrogation and recovery of incriminating material, B.A. No. 7179 of 2010 -:2:- 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. Dated this the 18th day of November, 2010. V.RAMKUMAR, JUDGE ani/