IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Bail Appl..No. 7623 of 2010() --------------------------------------- CRIME NO.494/2010 OF ERUMELY POLICE STATION, PATHANAMTHITTA. ................... PETITIONERS/ACCUSED NOS.2,4 & 5 ------------------------------------------------------- 1. MANU THOMAS, S/O.THOMAS, THALAKKOTTU HOUSE, KANAKAPPALAM.P.O., MATTANNOOR KARA. 2. ANOOP.C., THAZHATHEKKUTTU HOUSE, ERUMELY.P.O., ERUMELY. 3. T.P.JOHN @ JOHNIKUTTY, THEKKUMKAL HOUSE, KANAKAPPALAM.P.O., ERUMELY. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): COMPLAINANTS -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERUMELY POLICE STATION (CRIME NO.494/2010), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ERUMELY POLICE STATION. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7623 of 2010 ------------------------------------------------ Dated this the 29th day of November, 2010 ORDER The petitioners, who are accused Nos.2, 4 & 5 in Crime No.494 of 2010 of Erumely Police Station for offences punishable under Sections 143, 147, 148, 324, 323 & 308 read with 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 09/12/2010 or on 10/12/2010 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 skj