IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Bail Appl..No. 1039 of 2009() CRIME NO. 34/2009 OF BADIADUKA POLICE STATION PETITIONER/ACCUSED NOS. 6 TO 9, 11, 14 TO 17:- 1. ASHRAF @ ACHU S/O.ABDHULLA, SHENI, MAIRE POST, KASARAGOD. 2. ANTUMAN, S/O.ABDHULLA, SHENI, MAIRE POST, KASARAGOD. 3. AJEEZ, S/O.ABOOBACKER SHERAME HOUSE, SHENI, MAIRE POST, KASARAGOD. 4. ABDULLAH S/O.M.A.ABDHUL KHADER MOULAVI, URMI HOUSE, SHENI, MAIRE POST, KASARAGOD. 5. HARIS, S/O. IBRAHIM VALAMOGRU HOUSE, SHENI, MAIRE POST, KASARAGOD. 6. DAVID DIZOZA, S/O.JACOB, (LATE) BALAKANADKA HOUSE, SHENI, MAIRE POST, KASARAGOD. 7. MOHAMMED .K., S/O.ABBAS (LATE) ADDANADKA, KASARAGOD. 8. HANEEF, S/O.KUNHALI BANPUTHADKA HOUSE, SHENI, KASARAGOD. 9. HAKKEEF, S/O.ABDHULRAHIMAN AJILADKA HOUSE,PERLA, KASARAGOD. BY ADV. MR. SUNNY MATHEW RESPONDENT/ COMPLAINANT:- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE BADIADUKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1039 of 2009 ---------------------------------- Dated this the 12th day of March, 2009. O R D E R Petitioners who are accused Nos. 6 to 9, 11, 14 to 17 in Crime No. 34 of 2009 of Badiaduka Police Station for offences punishable under Sections 143, 147, 148, 452, 354, 427 and 308 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 any day between 16.03.2009 and 18.03.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who shall release them on bail. This petition is disposed of as above. Dated this the 12th day of March, 2009. V.RAMKUMAR, JUDGE. rv