IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2027 of 2009() ----------------------------- CRIME NO.52/07 OF MURIKKASSERY POLICE STATION PETITIONERS: --------------- 1. JAMES PARAMALA, AGED 44, S/O. LATE JOSEPH, PARAMALA HOUSE, THOPRAMKUDY, VATHUKKUDDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. JOSEPH ELAVUNKAL, ELAVUNKAL HOUSE, PERUMTHOTTY, VATHUKKUDDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 3. MATHEW VARIKKAMAKKAN, AGED 54, S/O. MATHEW JOSEPH, VARIKKANMAKKAL, VATHUKKUDDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 4. SABU ELAVUNKAL, AGED 35, S/O. KURIAKOSE, VATHUKKUDDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MURIKKASSERY POLICE STATION, MURIKKASSERY, IDUKKI DISTRICT. PUBLIC PROSECUTOR SHRI V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------------------- Bail Application No.2027 OF 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF MAY, 2009 O R D E R Accused Nos.3, 1, 5 and 4 respectively in Crime No.52/09 of Murikkassery Police Station, alleging commission of offences punishable under sections 143, 147, 341, 323, 294(b), 506(ii) and 353 read with Section 149 IPC and Section 3(1) of the PDPP Act, 1984 are the petitioners herein. According to them, the allegations are mainly levelled against the second accused. The defacto complainant was wrongfully restrained on 25.3.2009 at 4.30 PM and that led to the registration of the aforesaid offences. 2. In a case of this nature, I am not inclined to grant anticipatory bail to the accused persons. However, I think, I can accept the request of the counsel for the petitioners to direct the accused persons to surrender before the Investigating Officer and to have their applications for regular bail considered by the Magistrate having jurisdiction. 3. Accordingly, the petitioners shall surrender before the Investigating Officer on any day between 19.5.2009 and B.A.No.2027/09 -2- 22.5.2009. If an application for regular bail is moved by the petitioners, it shall be considered by the court, preferably on the same date on which it is moved, in accordance with law. C.T.RAVIKUMAR, JUDGE. dsn