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. 5158 of 2010() ---------------------------------------- CRIME NO.431/2010 OF KOYILANDY POLICE STATION, KOZHIKODE DIST. ............... PETITIONER/ACCUSED 7 ------------------------------------ 1. SHAIJESH, AGED 29 YEARS, S/O.NARAYANAN, KAVUTHERY HOUSE, MELOOR AMSOM, ELATTERY DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. SABEESH, AGED 28 YEARS, S/O.KUNHIKELAPPAN, KONNATH KUNNUMMEL HOUSE, MELOOR AMSOM, ELATTERI DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SAJITH KUMAR V. RESPONDENTS/DEFACTO COMPLAINANT/STATE ------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ......................................... B.A. No.5158 of 2010 .......................................... Date: 07.09.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No. 431/2010 of Koyilandy Police Station for offences punishable under Sections 341,323 and 326 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 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