IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Bail Appl..No. 4736 of 2010(F) ----------------------------------------- (CRIME NO. 1353/2010 OF THRIKKAKARA POLICE STATION, ERNAKULAM DIST.,) ............. PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. O.C.KUMARAN, S/O.CHATHAN, AGED 52, ORALUKUTHIPPARA HOUSE, THENGODU KARA, KAKKANADU. 2. SHAN, S/O. O.C.KUMARAN, AGED 28, ORALUKUTHIPPARA HOUSE, THENGODU KARA, KAKKANADU. 3. SHINE, S/O.O.C.KUMARAN, ORALUKUTHIPPARA HOUSE, THENGODU KARA, KAKKANADU. BY ADV. SRI.S.SREEKUMAR. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4736 of 2010 ------------------------------------------------- Dated this the 10th day of August, 2010 ORDER Petitioners who are accused Nos.1 to 3 in Crime No.1353/2010 of Thrikkakara Police Station for offences punishable under Secs.448, 324, 326 & 308 read with Section 34 I.P.C., seek anticipatory bail. Since the third petitioner (Accused No.3) is not an accused the request for anticipatory bail by the 3rd accused is dismissed. 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 petitioners 1 and 2 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, petitioners 1 and 2 shall surrender before the investigating officer on 18-08-2010 or on 19-08-2010 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 1 and 2 shall B.A.No.4736/2010 : 2 : thereafter appear 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