IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 580 of 2010() ----------------------- CRIME NO. 36 OF 2010 OF MUKKOM POLICE STATION, KOZHIKODE DISTRICT PETITIONERS/ACCUSED NOS 1 TO 5 ---------------------------- 1. JAMSHIL, S/O.MOOSA, AGED 26 YEARS, CHONATTU HOUSE, KARASSERY P.O., KAKKAD VILLAGE. 2. BAISAM, S/O.ABDULLA, AGED 28 YEARS, POOLAKKACHALIL HOUSE, KARASSERY P.O., KAKKAD VILLAGE. 3. MUNEESH, S/O.MUHAMMED, AGED 27 YEARS, KALATHINKAL HOUSE, KARASSERY P.O., KAKKAD VILLAGE. 4. AFSAL, S/O.K.P.MUHAMMED ALI, AGED 27 YEARS, PERUNNAMKUNNATH HOUSE, KARASSERY P.O., KAKKAD VILLAGE. 5. YASER, S/O.P.MAYIN, AGED 27 YEARS, PERILAKKAD HOUSE, KARASSERY P.O., KAKKAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 580 of 2010 .......................................... Dated: 29-03-2010 ORDER Petitioners who are accused Nos. 1 to 5 in Crime No. 36 of 2010 of Mukkom Police Station (Kozhikode District) for offences punishable under Sections 143, 147, 148, 457, 341, 323, 324 and 326 read with Sec. 149 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 11-4-2010 or 12-4-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear 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. This petition is disposed of as above. Dated this the 30th day of March, 2010. Sd/-V.RAMKUMAR, JUDGE ani /true copy/ P.S. To Judge