IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Bail Appl..No. 1019 of 2009() CRIME NO. 37/2009 of BADIADUKKA POLICE STATION PETITIONERS/ACCUSED 1 TO 5:- 1. SUDHAKARA MASTER, AGED 37 YEARS, S/O. LATE AMMU POOJARI, SAMEKECHI HOUSE, P.O. BALEMOOLE, KATUKUKKE VILLAGE, KASARAGOD DISTRICT. 2. RAMAKRISHNA RAI, AGED 36 YEARS, S/O. MANJAPPA RAJ, KUDVA HOUSE, P.O. PERLA, ENMAKAJE VILLAGE, KASARAGOD DISTRICT. 3. MANJUNATHA.P.K, AGED 28 YEARS, S/O. KUHA MOOLYA, PILINGALLU HOUSE, P.O. KATUKUKKE, KATUKUKKE VILLAGE, KASARAGOD DISTRICT. 4. ABELA D'SOUZA, AGED 32 YEARS, S/O. SEBASTIAN D'SOUZA, AREMGILA HOUSE, ENMAKAJE VILLAGE, KASARAGOD DISTRICT. 5. KUNHIKRISHNA ACHARY, AGED 55 YEARS, S/O. ARMUGAN, MANIYAMPARA, ENMAKAJE VILLAGE, KASARAGOD DISTRICT. BY ADV. MR. M.SASINDRAN MR. K.P.HARISH RESPONDENTS/ COMPLAINANT & STATE:- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO. 37 OF 2009 OF BADIADUKKA POLICE STATION) KASARAGOD DISTRICT. ADV. MR. C.M. KAMMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1019 of 2009 ---------------------------------- Dated this the 5th day of March, 2009. O R D E R Petitioners who are accused Nos. 1 to 5 in Crime No. 37 of 2009 of Badiadukka Police Station for offences punishable under Sections 143, 147, 148, 341, 452 and 427 r/w Section 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 any day between 11.03.2009 and 13.03.2009 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 applications for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. Dated this the 5th day of March, 2009. V.RAMKUMAR, JUDGE. -:2:- rv