IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Bail Appl..No. 7557 of 2010(F) ----------------------------- (CRIME NO.2311 /2010 OF KARUNAGAPALLY POLICE STATION, KOLLAM DIST. CRMP.2863/2010 of D.C. & SESSIONS COURT, KOLLAM .................... PETITIONER/ACCUSED -------------------------------------- 1. OMANAKUTTAN, AGED 43 YEARS, S/O.GANGADARAN, JII BHAVAN, THEKUMURI KIZHAKKU, THAZHAVA S.R.P.M. P.O, KARUNAGAPALLY. 2. ANUKUTTAN, AGED 18 YEARS, S/O.OMANAKUTTAN JII BHAVAN, THEKUMURI KIZHAKKU, THAZHAVA S.R.P.M. P.O, KARUNAGAPALLY. 3. AJIKUTTAN, AGED 17 YEARS,S/O.OMANAKUTTAN JII BHAVAN, THEKUMURI KIZHAKKU, THAZHAVA S.R.P.M. P.O, KARUNAGAPALLY. BY ADVS. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB-INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION, KARUNAGAPALLY. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.7557 of 2010 -------------------------------------------------- Dated this the 26th day of November, 2010 ORDER The petitioners, who are accused Nos.1 to 3 in Crime No.2311 of 2010 of Karunagapally Police Station for offences punishable under Sections 323 & 308 read with Section 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 06/12/2010 or on 07/12/2010 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