IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Bail Appl..No. 5897 of 2010() ----------------------------- CRIME NO. 169/2009 OF PAYYANNUR POLICE STATION, KANNUR ........................... PETITIONERS/ACCUSED NO.4 & 5 ------------------------------------------------ 1. ESMALI ABDUL SALAM, S/O.ASSAINAR, AGED 53 YEARS, ESMALI HOUSE, PO.KAVVAYI, PAYYANNUR. 2. S.SADAKKATH, S/O.MUHAMMEDALI, AGED 34 YEARS, "SHAMEENA MANZIL" PO.KAVVAYI, PAYYANNUR. BY ADV. SRI.P.M.HABEEB RESPONDENT / COMPLAINANT ------------------------------------------- STATE OF KERALA REP.BY STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ====================== B.A. No.5897 of 2010 ====================== Dated: 30.09.2010 ORDER Petitioners, who are accused Nos.4 and 5 in Crime No. 169 of 2009 of Payyannur Police Station for offences punishable under Sections 143,147,148,448 and 427 read with 149 I.P.C. and Section 3 and 5 of the Explosives Substances Act, 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 14.10.2010 or on 15.10.2010 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