IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 1486 of 2010() ----------------------------- (CRIME NO.522/2010 OF ALUVA POLICE STATION) .................... PETITIONERS/ACCUSED --------------------------------------- 1. MUJEEB, AGED 32 YEARS, S/O.MUHAMMED, THAIKKATTUKARA, ALUVA. 2. JAMAL @ JAMAL KOTTAYAM, S/O.IBRAHIM, AGED 43 YEARS, MANNALIAPRAMBIL HOUSE, NAD P.O., ALUVA. 3. E.K.JAMAL, S/O.KUNJAMU, AGED 44 YEARS, ETTEDAN HOUSE, NAD P.O., ALUVA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 522 OF 2010 OF ALUVA POLICE STATION). ADDL.R2.SHAFEEK,S/O.ABDUL KADHAR, THUKILIL HOUSE MANJAPETTY MARAMPILLY P.O. ALUVA. R3.MOHAMMED SAKEER V.K. VATHISSERY HOUSE, THOTTUMUGHAM P.O. ALUVA. (ADDL.R2 & R3 ARE IMPLEADED AS PER ORDER IN CRL.M.A. NO.1649/2010 DATED 6/4/2010) PUBLIC PROSECUTOR SRI.C.M.KAMAPPU SRI.V.K.MOHAMMED YOUSUF FOR R2-R3 SMT.SHAMEENA SALAHUDHEEN FOR R2-R3 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 1486 of 2010 .......................................... Dated: 6/4/2010 ORDER Petitioners who are the accused in Crime No. 522 of 2010 of Aluva Police Station for offences punishable under Sections 143,147,323,386 read with Section 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 21/4/2010 or 22/4/2010 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 6th day of April day of 2009. V.RAMKUMAR, JUDGE dpk