IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 750 of 2009() ---------------------------- CRIME NO.10/2009 OF PARIPPALLY POLICE STATION PETITIONERS/ACCUSED 1 TO 4 ---------------------------------------------- 1. SURESH, 18 YRS, CHARUVILA PUTHEN VEEDU, CHEMBILIKONAM, PARIPPALLY VILLAGE, KOLLAM DIST. 2. BYJU, 19 YRS, CHARUVILA PUTHEN VEEDU, CHEMBILIKONAM, PARIPPALLY VILLAGE, KOLLAM DIST. 3. RAJEEV, 18 YRS, CHARUVILA, CHEMBILIKONAM PARIPPALLY VILLAGE, KOLLAM DISTRICT. 4. VINOD, 19 YRS, MULLANCHANILVEEDU, KIZHAKKANELA, PARIPPALLY, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): STATE ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 750 of 2009 =============================== DATED: 04.03.2009 O R D E R Petitioners, who are the accused in Crime No.10 of 2009 of Parippally Police Station for offences punishable under Sections, inter alia, 326 and 308 read with Section 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. He submitted that the 3rd petitioner is not an accused in the case. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners 1, 2 and 4 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 1,2 & 4 shall surrender before the investigating officer on any day between 10.03.09 and 12.03.09 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners1,2 &4 shall thereafter be produced on the same day before the Magistrate who 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