IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Bail Appl..No. 5217 of 2010() ---------------------------------------- CRIME NO.505/2010 OF BALUSSERY POLICE STATION, KOZHIKODE DIST. ............... PETITIONERS/ACCUSED 1 - 4 --------------------------------------------- 1. MOHAMMED FASIL, S/O. ABDUL LATHEEF, AGED 21 YEARS, KARAPARAMBIL, KOYILANDY, KOZHIKODE. 2. MOHAMMED ANEES, S/O. ABDUL RAZAK, AGED 20 YEARS, MEETHALEASHARIKKAL HOUSE, KOYILANDY, KOZHIKODE. 3. FIRSHAD, S/O. BASHEER, AGED 22 YEARS, VITHUKULATHIL, THINALLUR, KOYILANDI, KOZHIKODE. 4. RAEZ, S/O. BASHEER, AGED 23 YEARS, PALLITHAZHE, KINALLUR, KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT/STATE --------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.5217 of 2010 .......................................... Date: 07.09.2010 ORDER Petitioners who are accused Nos.1 to 4 in Crime No. 505/2010 of Balussery Police Station for offences punishable under Sections 143,147,148,323,341 and 326 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 17.09.2010 or on 18.09.2010 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