IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 Bail Appl..No. 6236 of 2010() ------------------------------------------ (CRIME NO.346/2010 OF PAZHAYANGADI POLICE STATION,KANNUR DIST.) ........ PETITIONERS/ACCUSED 1 AND 2: --------------------------------------------------- 1. MUSTHAFA M.A.V., AGED 24 YEARS, S/O.MUHAMMED, CHEPPILATT PUTHIYA PURAYIL, MATTOOL AMSOM, MATTOOL SOUTH P.O. 2. ISMAIL M.K., S/O.BASHEER, AGED 25 YEARS, MUTTEN KUNHI PURAYIL, MATTOOL AMSOM, MATTOOL NORTH. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP.BY STATION HOUSE OFFICER, PAZHAYANGADI POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ====================== B.A. No.6236 of 2010 ====================== Dated: 13.10.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No. 346 of 2010 of Pazhayangadi Police Station for offences punishable under Sections 143,147,148,341,325,326 and 427 read with 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 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 25.10.2010 or on 26.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced 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 sj