IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Bail Appl..No. 5526 of 2010() ----------------------------- (CRIME NO.577/2010 OF ADOOR POLICE STATION) PETITIONERS/ACCUSED 2,3, & 4 ------------------------------------------------ 1. JOHNSON, AGED 37 YEARS, KOLLANTAYYI, KARUVATTA, ADOOR. 2. JOHNSON, KALLEP, KARUVATTA, PERINGANAD, ADOOR. 3. NJANASEELAN, AGED 47 YEARS, S/O. LUKOSE, SAJI BHAVANAM, NALPATHINAYIRAPADI, KARUVATTA MURI, PERINGANADU VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5526 of 2010 ------------------------------------------------ Dated this the 16th day of September, 2010 ORDER The petitioners, who are accused in Crime No.577/2010 of Adoor Police Station for offences punishable under Sections 326 & 323 read with Section 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioners were originally accused Nos.2 to 4 and since first petitioner was deleted from the array of the accused, petitioners 2 and 3 have been re-arrayed as accused Nos.2 and 3. If so, the request for anticipatory bail by the first petitioner is misconceived and is accordingly rejected. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners 2 & 3 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 2 & 3 shall surrender before the investigating officer on 27/9/2010 or on 28/9/2010 for the purpose of interrogation and recovery of Bail Appln.No.5526/2010 : 2 : incriminating material, if any. The petitioners 2 & 3 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