IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Bail Appl..No. 5320 of 2010() ----------------------------- CRIME NO.167/2010 OF AGALI POLICE STATION APPLICANTS/ACCUSED -------------------------------------- 1. RAJAN, S/O.THANKAMAN, AGED 32 YRS., PARIPPUKALLUNGAL HOUSE, MAKKALI KARA, KALLAMALA VILLAGE, MANNARKKADU TALUK, PALAKKAD DISTRICT. 2. GIJO JOSE, S/O.JOSE, AGED 28 YRS., KARANDAKKATTU HOUSE, JELLIPARA P.O., KALLAMALA VILLAGE, MANNARKKADU TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF POLICE, AGALI POLICE STATION. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No.5320 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 15th day of September, 2010 ORDER Applicants, who are accused Nos.1 and 2 in Crime No.167/2010 of Agali Police Station for offences punishable under Sections 353 and 427 read with 34 I.P.C. and Section 3(2)(e) of the PDPP 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 applicants 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 applicants shall surrender before the investigating officer on 24.9.2010 or 25.9.2010 for the purpose of interrogation and recovery of incriminating material, if any. The applicants shall thereafter be produced before the Magistrate who on being satisfied that the applicants 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE dmb