IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5465 of 2010() ----------------------------- CRIME NO.470/2010 OF KUMILY POLICE STATION PETITIONERS/ACCUSED NOS.1 AND 2 -------------------------------------------------------------- 1. SHANAVAS,S/O.SHAMSUDHEEN, AGED 29 YEARS,PUTHEN PARAMPIL,PERIYAR COLONY, KUMILY. 2. SHAMNAD,S/O.SHAMSUDHEEN,AGED 23 YEARS, PUTHEN PURAYIL,PERIYAR COLONY,KUMILY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KUMILY POLICE STATION, IDUKKI DISTRICT,REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.5465 of 2010 .......................................... Date: 22.09.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.470/2010 of Kumily Police Station for offences punishable under Sections 153A read with 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 30.9.2010 or on 01.10.2010 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