JOHN PAUL Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Petitioners who are accused Nos. 2 and 3 in Crime No. 286 of 2006 of Varappuzha Police Station for for an offence punishable under Sec. 326 I.P.C. , seeks anticipatory bail.

(2.) The learned Public Prosecutor opposed the application.

(3.) The learned Sessions Judge, Ernakulam also did not grant anticipatory bail to the petitioners while granting pre-arrest bail to the other accused. Anticipatory bail cannot be granted to the petitioners against whom specific overt acts are attributed and the de facto complainant had sustained injuries including fractures at the hands of the petitioners. But at the same time, I am inclined to allow the petitioners to surrender before the investigating officer for interrogation and then have their regular bail application disposed of by the Magistrate concerned. Accordingly, petitioners shall surrender before the Investigating Officer on any day between 5-02-2007 and 07-02- 2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. Petitioners shall thereafter be produced on the same day before the Magistrate concerned who shall release the petitioners on bail on adequate conditions. This application is disposed of as above.