IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Bail Appl..No. 5999 of 2010(F) ------------------------------------ (CRIME NO.423/2010 OF SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT) ............ PETITIONER(S)/ACCUSED NOS.1 TO 3 --------------------------------------------- 1. DHANESHAN,AGED 41 YEARS, S/O.KUMARAN,DHANESH BHAVANAM,VALIYAPADAM MURI, PADINJAREKALLADA VILLAGE,KOLLAM DISTRICT. 2. SHAJI,AGED 36 YEARS,S/O.SIVADASAN, UPPUPADANNAYIL HOUSE,VILANTHARA MURI, SASTHAMCOTTA VILLAGE, KOLLAM DISTRICT. 3. PRASAD,AGED 39 YEARS, S/O.SIVADASAN,PRAMOD BHAVANAM, PANMANA PO,EDAPPALYKKOTTA,CHAVARA,KOLLAM DISTRICT. BY ADVS. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): -------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,SASTHAMKOTTA POLICE STATION THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ......................................... B.A. No.5999 of 2010 .......................................... Date: 04.10.2010 ORDER Petitioners, who are accused Nos.1 to 3 in Crime No.423/2010 of Sasthamkotta Police Station for offences punishable under Sections 143,147,148,323,324 and 308 read with 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 18.10.2010 or on 19.10.2010 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. In case there is no incriminating material against the petitioners, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioners on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj