IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2643 of 2009() CRIME NO. 40/2009 of BADIADUKA POLICE STATION PETITIONER/ACCUSED NOS. 1 TO 5:- 1. SOMASEKHARA J.S., S/O.LATE JANARDHANAN NAYAK, AGED 30 YEARS, THOTTADAMANA, SHENI, MAIRE POST, KASARAGOD. 2. RADHAKRISHNAN MASTER, S/O.LATE JANARDHANAN NAYAK, THOTTADAMANA, SHENI, MAIRE POST, KASARAGOD. 3. KOORADUKKA ABDULLA, S/O.MAMMUNJI, EMMAKAJE VILLAGE, SHENI, MAIRE POST, KASARAGOD. 4. AJITHKUMAR, AGED 27 YEARS, S/O.THIMMANNA NAYAK, SHENI, MAIRE P.O., KASARAGOD. 5. SOORYANARAYANA, AGED 38 YEARS, S/O.GOVINDA NAYAK, THOTTADAMANA, SHENI, MAIRE POST, KASARAGOD. BY ADV. MR. SUNNY MATHEW RESPONDENT/COMPLAINANT:- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BADIADUKA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. BENNY VARGHESE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== B.A. No. 2643 of 2009 ========================== Dated this the 1st day of June, 2009. ORDER In this second application under Section 438 Cr.P.C., the petitioners who are accused Nos. 1 to 5 in crime No. 40 of 2009 of Badiaduka Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 506(ii) and 307 r/w Section 149 IPC., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. The case of the prosecution in short is as follows:- On 14.02.2009, at about 7.30 p.m., the de facto complainant namely Chandrahassa Shetty and his younger brother were returning home. When they reached a place called Adkkasthala, the accused persons formed themselves into an unlawful assembly armed with deadly weapons such as dagger, sword, iron rods etc. and in prosecution of the common object of the said assembly, they waylaid the de facto complainant and beat him. A1 attempted to inflict a cut injury on his neck which was warded off by him resulting in his sustaining an injury to his left hand. The accused persons then attempted to commit murder of the de facto complainant. B.A. No. 2643 of 2009 : 2 : 4. 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 regular bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on any day between 05.06.2009 and 08.06.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate who shall consider and dispose of their application for regular bail preferably on the same date on which it is filed. A similar order in B.A. No. 1046 of 2009 was passed by this Court on 06.03.2009. But since the petitioners did not comply with the directions in the said order it has become necessary to give the petitioners one more opportunity to surrender before the police. It is needless to say that the Magistrate while considering the bail application, shall take note of the fact that petitioners 2 and 4 are government servants. Dated this the 1st day of June, 2009. V. RAMKUMAR, JUDGE. B.A. No. 2643 of 2009 : 3 : rv