IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Bail Appl..No. 923 of 2009() ---------------------------- CRIME NO. 1374 OF 2008 OF KUNNAMKULAM POLICE STATION PETITIONERS/ACCUSED 2, 9 AND 12 -------------------- 1. MADHU.T.V, AGED 33 YEARS, S/O. VELAYUDHAN, THALEKKARA HOUSE, CHERUVATHANI DESOM, ANJOOR VILLAGE, TALAPPILLY TALUK, THRISSUR. 2. AJEESH, AGED 33 YEARS, S/O. GOVINDAN, VADASSERY HOUSE, CHERUVATHANI DESOM, ANJOOR VILLAGE, TALAPPILLY TALUK, THRISSUR. 3. SHIJU, AGED 21 YEARS, S/O. SUBRAMANYAN, MULLATH HOUSE, CHERUVATHANI, ANJOOR VILLAGE, TALAPPILLY TALUK, THRISSUR. BY ADV. SRI.E.M.MURUGAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON 11/03/2009 PASSED THE FOLLOWING: V. RAMKUMAR, J. ............................................. B.A. NO. 923 of 2009 ................................................ Dated: 11-03-2009 ORDER Petitioners who are accused Nos. 2, 9 and 12 in Crime No. 1374 of 2008 of Kunnamkulam Police Station, for offences punishable under Sections 143, 147, 148, 427, 452, 324 and 326 read with Sec. 149 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 2 and 3 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 2 and 3 shall surrender before the investigating officer on any day between 16-3-2009 and 18-3-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners 2 and 3 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. Since the first petitioner has been arrested his application for anticipatory bail has become infructous. This petition is disposed of as above. Dated this the 11th day of March 2009. Sd/-V.RAMKUMAR, JUDGE ani /true copy/ V. RAMKUMAR, (JUDGE) ani