IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Bail Appl..No. 5829 of 2010() ---------------------------------- (CRIME NO.214/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT) ................ PETITIONER(S)/ACCUSED NO.7 & 9 ------------------------------------------ 1. P.V.ABDUL SHUKKUR @ SHUKKUR,S/O.KHALID AGED 43 YEARS,NAFEEZA MANZIL,KORANPEEDIKA, PARIYARAM PO,PARIYARAM AMSOM,KANNUR DISTRICT. 2. S.K.P.MUSTHAFA HAJI, S/O. P.M.IBRAHIM KUTTY, AGED 56 YEARS,SKP HOUSE,KORANPEEDIKA, PARIYARAM PO, PARIYARAM AMSOM, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): -------------------- STATE THROUGH S.H.O. PARIYARAM, MEDICAL COLLEGE POLICE STATION,KANNUR DISTRICT, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No. 5829 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 28th day of September, 2010 ORDER Petitioners, who are accused Nos.7 and 9 in Crime No.214/2010 of Pariyaram Medical College Police Station, Kannur for offences punishable under Sections 143, 147, 148, 448, 427, 435 and 380 read with 149 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the 2nd petitioner, who was initially the 9th accused was deleted from the array of accused. If so, claim of anticipatory bail by the 2nd petitioner is misconceived and is accordingly rejected. 3. With regard to the 1st petitioner, who is A4, anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the 1st petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the 1st petitioner shall surrender before the investigating officer on B.A. No. 5829 of 2010 2 11.10.2010 or 12.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The 1st petitioner shall thereafter be produced before the Magistrate who on being satisfied that the 1st petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE dmb