IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Bail Appl..No. 1277 of 2009() --------------------------------- CRIME NO. 51/2009 of PAZHAYANGADI POLICE STATION PETITIONER/ACCUSED NO.2,3 &5:- --------------------------------------- 1. FAYIS BAYAN, AGED 22 YEARS S/O.ABDULLAH,RESIDING AT VADIKKAL, P.O.MADAYI, KANNUR DISTRICT. 2. SAFWAN C.H, AGED 21 YEARS S/O.KUNHIKOYA, RERSIDING AT VADIKKAL, P.O.MADAYI, KANNUR DISTRICT. 3. AFSAL.C.K.T, AGED 22 YEARS S/O.ABDUL RAHIMAN, RERSIDING AT VADIKKAL, P.O.MADAYI, KANNUR DISTRICT. BY ADV. MS. P.K.PRIYA RESPONDENT/STATE:- ------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM REPRESENTING S.H.O.PAZHAYANGADI POLICE STATION. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1277 of 2009 ---------------------------------- Dated this the 18th day of March, 2009. O R D E R Petitioners who are accused Nos. 2, 3 and 5 in Crime No. 51 of 2009 of Pazhayangadi Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 r/w 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 any day between 23.03.2009 and 25.03.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of their applications for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. Dated this the 18th day of March, 2009. V.RAMKUMAR, JUDGE. -:2:- rv