IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 6124 of 2010() -------------------------------------- CRIME NO.821/2010 OF VARKALA POLICE STATION. ......... PETITIONERS/IST, 3RD & 4TH ACCUSED ------------------------------------------------------ 1. PRADEEP, AGED 20 YEARS, S/O.YENKADAS, KUNNILVILA MANGLAVIL, CHERUNNIYOOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 142. 2. UMESH @ SAJITHLAL, AGED 26 YEARS, S/O.LALKUMAR, LAKSHAM VEEDU, THANNIMOODU, CHERUNNIYOOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 142. 3. PANKU @ UMESH, S/O.VIJAYAKUMAR, LAKSHAM VEEDU, THANNIMOODU, CHERUNNIYOOR P.O., CHERUNNIYOOR, VARKALA, PIN-695 142. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT -------------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... B.A. No.6124 of 2010 .......................................... Date: 04.10.2010 ORDER Petitioners, who are accused Nos.1,3 and 4 in Crime No.821/2010 of Varkala Police Station for offences punishable under Sections 143,452,427 and 506 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 18.10.2010 or on 19.10.2010 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. In case there is no incriminating material against the petitioners, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioners on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj