IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 5450 of 2010() ------------------------------------------ CRIME NO.688/2010 OF SULTAN BATHERI POLICE STATION, WAYANAD ........... PETITIONERS/ACCUSED 2 & 3 --------------------------------------------- 1. KRISHNAN NAIR T.P., AGED 63 YEARS, S/O. KANARAN NAIR, "SREEHARI", MELUR P.O., KOYILANDY VILLAGE, CHENGOTTUKAVU, KOYILANDI POLICE STATION. (RETIRED PRINCIPLE, GOVT. MODEL HIGHER SECONDARY SCHOOL, KOZHIKODE). 2. K.RAMANI BHAI, AGED 60 YEARS, W/O. KRISHNAN NAIR, MELUR P.O., KOYILANDI VILLAGE, CHENGOTTU KAVU. (RETIRED HSA, THIRUVANGUR HIGHER SECONDARY SCHOOL). BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.688/2010 SULTHANBATHERI POLICE STATION, WAYANAD). PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5450 of 2010 ------------------------------------------------ Dated this the 14th day of September, 2010 ORDER The petitioners, who are accused Nos.2 & 3 in Crime No.688/2010 of Sultan Batheri Police Station for offences punishable under Sections 498-A & 406 read with 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 24/9/2010 or on 25/9/2010 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 Bail Appln.No.5450/2010 : 2 : 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 skj