IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Bail Appl..No. 4743 of 2010() ---------------------------------------- CRIME NO.1262/2010 OF KUNDARA POLICE STATION, KOLLAM DISTRICE. .......... PETITIONER/ ACCUSED -------------------------------------- 1. DAMIAN, S/O.SEBASTIAN AGED 35 YEARS,SIBI BHAVAN, CHERUMOODU CHERI VELLIMON PO,PERINADU VILLAGE. 2. JAMES, S/O.POULOSE AGED 40 YEARS, SABU BAVAN, CHERUMOODU CHERI,VELLIMON PO,PERINADU VILLAGE. BY ADV. SRI.S.M.ALTHAF SRI.B.JEEVAN (ALAPPUZHA) RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. =============== B.A. No. 4743 of 2010 ================= Dated: 12th day of August, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.1262/2010 of Kundara Police Station for offences punishable under Sections 452, 294(b), 324, 323 and 354 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 19.8.2010 or on 20.8.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall 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 dmb