IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Bail Appl..No. 5123 of 2010() ----------------------------- CRIME No.398/2010 of VIZHINJAM POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 7 :- ---------------------------------------------- 1. PRIYAN, S/O.ROMAN,AGED 19 YEARS, P.N.NIVAS, NEAR KURISSADI, KOTTAPPURAM VIZHINJAM VILLAGE 2. PRAMOD, S/O.KOOTTUMARIYAN, AGED 20 YEARS, NEAR KURISSADI, KOTTAPPURAM VIZHINJAM VILLAGE. 3. JAYAN, S/O.BENZEN, AGED 19 YEARS, NEAR THENNOORKONAM, KOTTAPPURAM DECENT MUKKU, VIZHINJAM VILLAGE. 4. NICKSON, S/O.MERCY, AGED 20 YEARS, NEAR KOTTAPPUAM CHURCH , VIZHINJAM VILLAGE. 5. DHANAN,S/O.MOOTHAPPAN, AGED 20 YEARS, NEAR KOTTAPPURAM DECENT MUKKU,VIZHINJAM VILLAGE 6. VINOD, S/O.VINCENT, AGED 20 YEARS, KADAIKULAM COLONY, VIZHINJAM VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S)/COMPLAINANTS :- --------------------------------------------------- 1. STATE OF KERALA, REPRESETEND BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ====================== B.A. No.5123 of 2010 ====================== Dated: 23.09.2010 ORDER Petitioners, who are accused Nos.2 to 7 in Crime No. 398/2010 of Vizhinjam Police Station for offences punishable under Sections 143,147,149 and 427 I.P.C. and Section 3(2)(e) of PDPP Act,1984, 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 4.10.2010 or on 05.10.2010 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 sj