IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 5363 of 2010() --------------------------------------- CRIME NO.102/2010 OF NILAMBUR POLICE STATION, MALAPPURAM DIST. ........ PETITIONER/ACCUSED. --------------------------------------- 1. AZAD P.T., S/O.ASSAINAR, PATHAYAMTHODIKA HOUSE, TANA, MAMPAD P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. SHAFFEQUE, S/O.ABDULLA, NEERANKUZHIYIL HOUSE, MANJAPPOTTI, KOORAD P.O., KALIKAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): /COMPLAINANT. ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR , THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5363 of 2010 ------------------------------------------------ Dated this the 14th day of September, 2010 ORDER The petitioners, who are accused Nos.1 & 2 in Crime No.102/2010 of Nilambur Police Station for an offence punishable under Section 353 read with Section 34 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 24/9/2010 or on 25/9/2010 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 Bail Appln.No.5363/2010 : 2 : 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 skj