IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Bail Appl..No. 5581 of 2010(A) ----------------------------------- (CRIME NO. 232/2009 OF PERAMBRA POLICE STATION, KOZHIKODE DISTRICT.) .................... PETITIONERS (S)/ACCUSED ---------------------------------- 1. V.P.IBRAHIM, AGED 62 YEARS, S/O.AHAMMED, VANNATHI PARAMBIL HOUSE, PALERI TOWN P.O., KUTTIYADI, KOYILANDI, CALICUT. 2. V.C.NARAYANAN, AGED 50 YEARS, S/O.ANDY, VADAKKECHALIL HOUSE, PALERI TOWN P.O., KUTTIYADI, KOYILANDI, CALICUT. 3. VINODHAN, S/O.KELAPPAN, KOLLANGANDI HOUSE, PALERI TOWN P.O., KUTTIYADI, KOYILANDI, CALICUT. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------------------- 1. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PERAMBRA POLICE STATION, (CRIME NO.232 OF 2009), PERAMBRA, CALICUT. BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5581 of 2010 ------------------------------------------------ Dated this the 17th day of September, 2010 ORDER The petitioners, who are accused Nos.1 to 3 in Crime No.232/2009 of Perambra Police Station for offences punishable under Sections 376, 323, 468, 452 & 354 read with Section 34 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 27/9/2010 or on 28/9/2010 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 Bail Appln.No.5581/2010 : 2 : the same date on which it is filed. 4. The Magistrate shall consider and dispose of their application in the light of the decisions reported in Ali Vs. State of Kerala (2000(2)KLT 280), Shanu Vs. State of Kerala (2000(3)KLT 452), Krishna Kumar Vs. State of Kerala (2005(1)KLD (Crl)42) and P.P.Khader Vs. State of Kerala (2005 (1) KLD (Crl)250). This petition is disposed of as above. V.RAMKUMAR, JUDGE skj