IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Bail Appl..No. 5156 of 2010() ---------------------------------- CRIME NO. 446/2010 OF VARAPPUZHA POLICE STATION .................... PETITIONERS/ACCUSED NO.2 & 3: ----------------------------------------- 1. SHAMSUDHEEN @ SHAMSU, AGED 43 YEARS, S/O.HYDROSE, KALLOPARAMBU, CHERANELLOOR, ERNAKULAM DISTRICT. 2. JOSEPH @ SUNI, AGED 33 YEARS, S/O.XAVIER, KURUPPASSERIL, MANJUMMAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: ------------------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... Bail Application No. 5156 of 2010 ......................................................... Dated this the 7th day of September, 2010 ORDER Petitioners, who are accused Nos.2 and 3 in Crime No. 446/2010 of Varappuzha Police Station for offences punishable under Sections 279, 353 and 332 read with Section 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. Since the third accused had already been arrested, this application so far as it relates to the third accused(second petitioner) has become infructuous. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the first 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 first petitioner shall surrender before the investigating officer on 17.09.2010 or 18.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. The first petitioner shall thereafter be produced before the Magistrate who on being satisfied that the first 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 ln