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. 1021 of 2009() ----------------------------- CRIME NO. 70 OF 2009 OF KUNNAMKULAM POLICE STATION ACCUSED:PETITIONERS ---------------------------- 1. DHANESH MATHEW, KUNNUMPURATH HOUSE, KECHERRY, THRISSUR. 2. SUBAIR, MAMMASRAYI ILLATH HOUSE, THUVANNUR, THRISSUR. 3. A.A.ABBAS, AMBALATH HOUSE, KECHERRY, THRISSUR. BY ADV. SRI.BIJI MATHEW SRI.B.V.JOY SANKER SRI.PRAMJI PAUL VAZHAPPILLY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR 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. 1021 of 2009 * * * * * * * * * * * * * * * * * * Dated: 16-03-2009 ORDER Petitioners who are accused Nos. 1 to 3 in Crime No. 70 of 2009 of Kunnamkulam Police Station for offences punishable under Secs. 447, 341, 323, 324 and 326 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 who 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. Dated this the 16th day of March 2009. V.RAMKUMAR, JUDGE