IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Bail Appl..No. 6026 of 2010() ------------------------------------------ (CRIME NO.936/2010 OF HOSDURG POLICE STATION,KASARAGOD DISTRICT) ....... PETITIONERS/ACCUSED 1 & 2: ------------------------------------------------ 1. SANDEEP P.P., AGED 23 YEARS, S/O. RAMACHANDRAN, ETTAMAL HOUSE, KOLAVAYAL P.O., KASARAGOD DISTRICT. 2. BIJU K., AGED 27 YEARS, S/O. VIJAYAN, ETTAMAL HOUSE, KOLAVAYAL P.O., KASARAGOD DISTRICT. BY ADVS. SMT.P.K.PRIYA, SRI.K.V.SREE VINAYAKAN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O., HOSDURG POLICE STATION, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ====================== B.A. No.6026 of 2010 ====================== Dated: 06.10.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.936/2010 of Hosdurg Police Station for offences punishable under Sections 341,323,324 and 326 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 19.10.2010 or on 20.10.2010 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. In case there is no incriminating material against the petitioner, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioner on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj