IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Bail Appl..No. 1037 of 2009() ----------------------------- CRIME NO. 244 OF 2008 OF KANJIKUZHI POLICE STATION .................... ACCUSED NOS. 1,2 & 3: ----------------------------------------- 1. KURIAN KURIAN, S/O.KURIAN, AGED 54 YEARS KALLUVETTAMKUZHIYIL HOUSE, KANJIKUZHI VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. SOJAN @ TOJAN, S/O.VARGHESE, AGED 26 YEARS, ERECHERRIYIL HOUSE, KANJIKUZHI VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 3. DECON MANOJ, S/O.VARGHESE, AGED 31 YEARS ERACHERIYIL HOUSE, KANJIKUZHI VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * B.A. NO. 1037 OF 2009 * * * * * * * * * * * * * * * * * * Dated: 16-03-2009 ORDER Petitioners who are accused No. 1 to 3 in in Crime No. 244 of 2008 of Kanjikuzhi Police Station for offences punishable under Sections 253 and 332 read with Sec. 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 any day between 20-3-2009 and 24-3- 2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate concerned who shall release the petitioners on bail on appropriate conditions. This petition is disposed of as above. Dated this the 16th day of March, 2009. V.RAMKUMAR, JUDGE ani