IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Bail Appl..No. 1137 of 2009() ----------------------------- CRIME NO. 89 OF 2009 OF KONDOTTY POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. KARI MUHAMMED @ BAPPU, S/O.ALAVI, NEDIYIRIPPU, KONDOTTY, MALAPPURAM DISTRICT. 2. PANDARAPETTY BEERAN, S/O.MOHIYUDHEEN, NEDIYIRIPPU, KONDOTTY, MALAPPURAM DISTRICT. 3. PANDARAPETTY SUBAIR, S/O.KUNHIMOIDEEN, NEDIYIRIPPU, COLONY ROAD, KONDOTTY, MALAPPURAM DISTRICT. 4. PALLIYALI MUHAMMEDKUTTY, S/O.ALAVIKUTTY, NEDIYIRIPPU, KONDOTTY, MALAPPURAM DISTRICT. 5. KARI ISMAIL, S/O.MAMMUTTY, KONDOTTY, MALAPPURAM DISTRICT. 6. PANIKKADAN MUHAMMED, S/O.UNNI HASSAN, CHERAMKUTHU COLONY ROAD, NEDIYIRIPPU, KONDOTTY, MALAPPURAM DISTRICT. 7. CHUNDAKKADAN RISHAD, S/O.UNNI MUHAMMED, NEDIYIRIPPU, COLONY ROAD, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * B.A. NO. 1137 of 2009 * * * * * * * * * * * * * * * * * * Dated: 12-03-2009 ORDER Petitioners who are accused Nos. 1 to 7 in Crime No. 89 of 2009 of Kondotty Police Station for offences punishable under Sections 143, 447, 506(i) and 342 read with Sec. 34 I.P.C. and also under Section 3 (1) (iv) and v of the SC/ST (Prevention of Atrocities) 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 any day between 17-3-2009 and 19-3-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who 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. Dated this the 12th day of March, 2009. V.RAMKUMAR, JUDGE ani /true copy/ V. RAMKUMAR, (JUDGE) ani ani.