IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5304 of 2010() ----------------------------- CRIME NO.647/2010 OF THE MUNAMBAM POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. RAFEEK, AGED 31 YEARS, S/O. RASHEED, PEEDIACKAL HOUSE, KUZHUPPILLY, EDAVANAKKAD, KOCHI. 2. ASHEER, AGED 26 YEARS, S/O. ABDU PUTHIYA VEEDU, KUZHUPPILLY, EDAVANAKKAD, KOCHI. 3. HARIS, AGED 22 YEARS,S/O. HANEEFA, NAMBOOTHIRIMADAM,KUZHUPPILLY, EDAVANAKKAD,KOCHI. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENT(S): COMPLAINANT ------------------------------------------------------- STATE OF KREALA, REPRESENTED BY SUB INSEPCTOR OF POLICE, MUNAMBAM POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,E RNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No.5304 of 2010 * * * * * * * * * * * * * * * * * * Dated: 22.09.2010 ORDER In this petition filed under Sec. 438 Cr.P.C. the petitioners seek anticipatory bail on the allegation that they are sought to be arrested by Munambam police in connection with Crime No.647/2010 registered for offences punishable under Sec.394 I.P.C. 2. The learned Public Prosecutor opposed the application and submitted, inter alia, that the 1st petitioner is the 2nd accused in the above crime and petitioners 2 and 3 have not been arrayed as accused in the above crime. If so, the request for anticipatory bail by petitioners 2 and 3 is misconceived and is rejected. 3. In the case of 1st petitioner, anticipatory bail cannot be granted. But at the same time, I am inclined to permit the 1st petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the 1st petitioner shall surrender before the investigating officer B.A.No.5304/2010 -:2:- on 30.09.2010 or on 01.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The 1st petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V. RAMKUMAR, (JUDGE) sj