IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 Bail Appl..No. 4794 of 2010() ----------------------------- CRIME NO.762/2009 OF VARKALA POLICE STATION PETITIONERS/ ACCUSED 6,7,11,13,14 & 15: ---------------------------------------------- 1. MUKESH, AGED 20 YEARS, S/O.MOHANAN, KUNNATHOOR VEEDU, NEAR S.N.B.T.M.U.P.S. SOCIETY JUNCTION, PERUMPUZHA, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT (A6). 2. SUDHI, AGED 22 YEARS, S/O.SURA, PUTHUVAL PUTHEN VEEDU, KANAL PORAMBOKE, THODUVEYM CHERUKUNNAM DESOM, VARKALA VILLAGE (A7). 3. SAJEEV K.S., AGED 25 YEARS, S/O.KOCHU PADMANABHAN, PERUMAL SADANAM, CHARUMUZHY, ELAKAMON, AYIROOR VILLAGE (A11). 4. BINU, AGED 21 YEARS, S/O.MOHANAN, THARAYATTIL PUTHEN VEEDU, THERUTTAYIL, CHEMMARUTHI VILLAGE (A13). 5. PRABHULLAKUMAR @ THANKACHAN, AGED 32 YEARS, S/O.SUNDARESAN, CHARUVILA VEEDU, NEAR AMBILICHANDA, KURISSADI, MUDIYAKKODU, CHERUNNIYOOR VILLAGE (A14). 6. ANILKUMAR @ THATHU @ ANNAN, AGED 40 YEARS, S/O.SUKUMARAN @ NANDANKODE, BHEEM HUT, KATTUKULAM, KATTUVILA, VENNIYOOR, VENGANOOR VILLAGE (A15). BY ADV. SRI.C.KHALID SRI.T.P.SAJID SRI.K.P.EBRAHIM Bail Appl..No. 4794 of 2010 :2: RESPONDENT(S): COMPLAINANT -------------------------- 1. CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No. 4794 OF 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 2nd day of September, 2010 ORDER Petitioners, who are accused Nos.6, 7, 11, 13, 14 and 15 in Crime No.762/2009 of Varkala Police Station for offences punishable under Sections 143, 147, 148, 149, 120(b), 109, 307 and 302 I.P.C. and Section 27 of the Arms 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 13.9.2010 or 14.9.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced 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 dmb