IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Bail Appl..No. 5386 of 2010() ---------------------------------------- CRIME NO.491/2010 OF KADUTHURUTHI POLICE STATION, KOTTAYAM DIST. ................ PETITIONER/ACCUSED 1 & 2 -------------------------------------------- 1. ANI, MUNDAN THODUKAYIL VEEDU, SANTHIPURAM KARA,NJEEZHOOR VILLAGE, KADUTHURUTHI, KOTTAYAM DISTRICT. 2. BABU, THEKKEKKALAYIL VEEDU, SANTHIPURAM KARA,NJEEZHOOR VILLAGE, KADUTHURUTHI, KOTTAYAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN, SRI.P.K.SUNILKUMAR, SRI.K.S.PRAVEEN. RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ......................................... B.A. No.5386 of 2010 .......................................... Date: 27.09.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No. 491/2010 of Kaduthuruthy Police Station for offences punishable under Sections 323,324,308 and 294(b) 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 07.10.2010 or on 08.10.2010 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj