IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Bail Appl..No. 3003 of 2010() ----------------------------- (CRIME NO.274/2010 OF THE BALUSSERY POLICE STATION, KOZHIKODE DISTRICT) PETITIONERS/ACCUSED 1 &2 ---------------------------------- 1. PRAKASHAN.K,S/O.LATE DAMODARA KURUP, AGED 43 YEARS,KALLAKKANDY HOUSE,PUNNASERY VIA NARIKUNNI,KOZHIKODE. 2. SAJITH KUMAR.P,S/O.KUNHIKRISHNAN NAIR, AGED 36 YEARS,PARAKKAL HOUSE,POONATH.P.O, NADUVANNUR VIA,KOZHIKODE. BY ADV. SRI.N.NAGARESH SRI.SHAJI THOMAS PORKKATTIL RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION,KOZHIKODE DISTRICT. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Bail Appl.No.3003 of 2010 -------------------------------------- Dated this the 1st day of June, 2010 ORDER Petitioners who are the accused Nos.1 & 2 in Crime No. 274/2010 of Balussery Police Station for offences punishable under Sections 147, 148, 341, 323, 326, 308 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 09.06.2010 or on 10.06.2010 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 B.A.No.3003/2010 : 2 : application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj