IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Bail Appl..No. 587 of 2009() ---------------------------- CRIME NO. 13 OF 2009 OF VADAKARA POLICE STATION PETITIONERS -------------------- 1. USMAN KOYA, AGED 55 YEARS, S/O. LATE MOIDEEN, TRADER, THIRIKOTTU HOUSE, O.V. ROAD, THALASSERRY. 2. SAFEER, AGED 25 YEARS, S/O. USMAN KOYA, TRADER, THIRIKKOTTU HOUSE, O.V. ROAD, THALASSERRY. 3. SUNIR, AGED 20 YEARS, S/O. USMAN KOYA, STUDENT, THIRIKKOTTU HOUSE, O.V. ROAD, THALASSERRY BY ADV. SRI.V.V.ASOKAN RESPONDENT(S): --------------- STATE OF KERALA, (S.H.O.), VADAKARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................... Bail Appl. No. 587 of 2009 ........................................... Dated: 6th March, 2009. ORDER Petitioners who are accused Nos. 1 to 3 in Crime No. 13 of 2009 of Vadakara Police Station for an offence punishable under Section 309 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 any day between 12-3-2009 and 16-3-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners 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. Dated this the 6th day of March 2009. V.RAMKUMAR, JUDGE ani -:2:- ani.