IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1250 of 2009() ----------------------------- CRIME NO. 39/2009 of KUMBALA POLICE STATION PETITIONERS/ACCUSED NOS.2,3,5,6 & 7: 1. MAJEED, S/O.MUHAMMED, PERIYADKA, P.O.PERMUDA, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. MUHAMMED ASHRAF, S/O.MUHAMMED, KAVIKUND, P.O.DHARMATHADKA, VIA-MANGALPADY, KASARAGOD TALUK & DISTRICT. 3. LATHEEF, S/O.ABDULRAHIMAN, PAPIAR HOUSE, P.O.DHARMATHDKA, KASARAGOD TALUK & DISTRICT. 4. ABDULLA, S/O.HASSAINAR, BALINGAR HOUSE, P.O.DHARMATHADKA, KASARAGOD TALUK & DISTRICT. 5. MUHAMMED ASHRAF, S/O.M.B.MOOSA, ASHRAF MANZIL, BANDIYOD, P.O.MANGALPADY. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/COMPLAINANT: 1. THE SUB INSPECTOR OF POLICE, KUMBALA POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KUMBALA POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.) PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1250 of 2009 ---------------------------------- Dated this the 23rd day of March, 2009. O R D E R Petitioners who are accused Nos. 2, 3, 5, 6 and 7 in Crime No.39 of 2009 of Kumbala Police Station for offences punishable under Sections 143, 147, 148, 324, 326 and 307 r/w Section 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 any day between 28.03.2009 and 31.03.2009 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 23rd day of March, 2009. V.RAMKUMAR, JUDGE. rv