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. 7516 of 2009() ----------------------------- CRIME NO. 363/2009 of MUKKOM POLICE STATION .................... PETITIONERS/ACCUSED NOS. 1 TO 7:- ------------------------------------------- 1. RAJAN.K.K., S/O.RAMAN, AGED 40 YEARS, KIZHAKKEDATHKANDI HOUSE, ANAYAMKUNNU, KUMARANELLOOR P.O., MUKKAM VIA, KOZHIKODE DISTRICT. 2. ABID.P.T, S/O.MOIDEEN HAJI, AGED 21 YEARS, PARAMBIL THODIKA HOUSE, ANAYAMKUNNU, KUMARANELLOOR P.O., MUKKAM VIA, KOZHIKODE DISTRICT. 3. ASKARALI.K.S, S/O.SHAHUL HAMEED, AGED 31 YEARS, KIZHAKKEDATH KANDATHIL HOUSE, ANAYAMKUNNU, KUMARANELLOOR P.O., MUKKAM VIA, KOZHIKODE DISTRICT. 4. HASHIM.K.K, S/O.BEERAN, AGED 31 YEARS, KUZHIKANDATHIL HOUSE, ANAYAMKUNNU, KUMARANELLOOR P.O., MUKKAM VIA, KOZHIKODE DISTRICT. 5. E.K.KOMU, S/O.ALI, AGED 42 YEARS, ATHITHODIKA, P.O.KARASSERY, MUKKOM, KAKKAD VILLAGE. 6. SUBBAN BABU.M.C, S/O.ALIKUTTY.M.C, AGED 38 YEARS, M.C.NIVAS, ANAYAMKUNNU, KUMARANELLOORE P.O., MUKKOM. 7. SHAMSUDHEEN.P.K., S/O.UNIMOYI P.K, AGED 37 YEARS, PARAYAMKUNNATH HOUSE, KUMARANELLOOR P.O., MUKKOM. BY ADV. MR. SUNNY MATHEW B.A. No. 7516/2009 : 2 : RESPONDENT/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. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR MR. K.JAJU BABU MS. M.U.VIJAYALAKSHMI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 7516 of 2009 ---------------------------------- Dated this the 30th day of March, 2010. O R D E R Petitioners who are accused Nos. 1 to 7 in Crime No. 363 of 2009 of Mukkom Police Station for offences punishable under Sections 143, 147, 148, 436 and 506(ii) 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 12-04-2010 or 13- 04-2010 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 applications 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. V.RAMKUMAR, JUDGE. rv