IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 865 of 2010() ---------------------------- CRIME NO.40/2010 OF VENGARA POLICE STATION PETITIONERS/ACCUSED 1 AND 2 ----------------------------------------------- 1. SIRAJ, S/O.KUNHAMMED, PARAYIL HOUSE, CHERUR AMSOM AND DESOM, VENGARA, MALAPPURAM. 2. ABDU RAHIM @ KUNJUTTY, S/O.KUNHALAN, KANNETH HOUSE, CHERUR P.O., VENGARA, NALAPPURAM. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPLAINANT-STATE ---------------------------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No. 865 of 2010 =============================== DATED: 05.04.2010 O R D E R Petitioner who are accused Nos.1 and 2 in Crime No.40 of 2010 of Vengara Police Station for offences punishable under Secs.452,354,341,323 and 324 read with 34 I.P.C., seeks 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 19.04.10 or on 20.04.10 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. V.RAMKUMAR, JUDGE sj