LAWS(KER)-2010-10-273

RAZAK Vs. STATE OF KERALA

Decided On October 20, 2010
RAZAK, S/O.KIDHER Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners, who are accused Nos.1 to 3 in Crime No.340 of 2010 of Kozhinjampara Police Station for offences punishable under Sections 143, 147, 148, 452, 323, 324 & 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 02/11/2010 or on 03/11/2010 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.