IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 5916 of 2010() ------------------------------------------ (CRIME NO.236/2010 OF NEYYAR DAM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 2 & 3 OF CRIME NO.236/2010: ---------------------------------------------------------------------------------- 1. NOUFAL, AGED 21, S/O.LATHEEF, RESIDING AT SHAFEEK MANZIL, MYLAMOODU, KUTTICHAL, THIRUVANANTHAPURAM. 2. NINAN ROY, AGED 28, S/O.K.GILBERT, RESIDING AT G.P.BHAVAN, KUTTICHAL, THIRUVANANTHAPURAM BY ADVS. SRI.SAJU J. PANICKER, SRI.T.NOUSHAD. RESPONDENT(S): COMPLAINANT: -------------------------------------------------- THE STATE OF KERALA, SUB INSPECTOR OF POLICE, NEYYAR DAM POLICE STATION, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ......................................... Bail Application No. 5916 of 2010 .......................................... Dated: 7th October, 2010 ORDER Petitioners who are accused Nos. 2 and 1 in Crime No. 236 of 2010 of Neyyar Dam Police Station, Thiruvananthapuram for an offence punishable under Sec. 394 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 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 petitioner shall surrender before the investigating officer on 21.10.2010 or on 22 .10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail B.A. No. 5916 of 2010 -:2:- preferably on the same date on which it is filed. In case there is no incriminating material against the petitioner, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioner on bail. This petition is disposed of as above. Dated this the 7th day of October, 2010. V.RAMKUMAR, JUDGE ani/