IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Bail Appl..No. 6683 of 2010() ---------------------------------------- CRIME NO.945/2010 OF VARKALA POLICE STATION, TRIVANDRUM. ............. PETITIONERS/ACCUSED ------------------------------------- 1. AJITHA, AGED 40 YEARS, D/O.PONNAMMA, PUTHEN VEEDU, CHERUNNIYOOR, VETTUR VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT. 2. SAMEESHA @ PONNU, REPRESENTED BY THE 1ST PETITIONER, AGED 16 YEARS, D/O.AJITHA, PUTHEN VEEDU, CHERUNNIYOOR, VETTUR VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT. 3. AKSHAYA @ KINGINI, REPRESENTED BY THE 1ST PETITIONER, AGED 14 YEARS, D/O.AJITHA, PUTHEN VEEDU, CHERUNNIYOOR, VETTUR VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/COMPLAINANT -------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, TRIVANDRUM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ......................................... B.A. No.6683 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.945/2010 of Varkala Police Station for an offence punishable under Section 436 read with 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 11.11.2010 or on 12.11.2010 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. Dated this the 26 th day of October, 2010. V.RAMKUMAR, JUDGE sj