MONACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are the accused in Crime No.149/2007 of Koipuram Police Station for offences punishable under Sections 20 and 21 of the Kerala River Bank Protection and Sand Mining Regulation Act, 2001 and also under Section 353 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 applications for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on any day between 11-6- 2007 and 13-6-2007 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 on appropriate conditions. This application is disposed of as above.