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. 1023 of 2009() --------------------------------- CRIME NO. 95/2009 OF PATHANAMTHITTA POLICE STATION PETITIONERS/ACCUSED: ---------------------------- 1. MOHANKUMAR, S/O.RAMAN NAIR, KANJIRAMNILKUNNATHIL VEEDU, THUMPAMON, MURIPPARA, CHENNEERKARA VILLAGE. 2. SASIDHARAN PILLAI, S/O.NARAYANA KURUP, SIVASADANAM, PERUMPULICKAL, PANDALAM VILLAGE. 3. SIVADASAN PILLAI, S/O.NARAYANA KURUP, SIVASADANAM, PERUMPULICKAL, PANDALAM VILLAGE. BY ADV. MR. V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------- 1. THE CIRCLE INSPECTOR, PATHANAMTHITTA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1023 of 2009 ---------------------------------- Dated this the 6th day of March, 2009. O R D E R Petitioners who are the accused in Crime No.95 of 2009 of Pathanamthitta Police Station for offences punishable under Sections 452, 326 and 308 r/w Section 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 any day between 12.03.2009 and 13.03.2009 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 applications 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. rv