THALAL ABDULLA C A Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.2 and 3 in Crime No.138/07 of Kasargod Police Station for offences punishable under sections 143, 147, 148, 341, 323, 324 and 153A read with section 149 IPC, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application. The occurrence took place at 9.30 AM on 12.2.2007 when the petitioners are alleged to have assaulted the de facto complainant with a wicket.

(3.) Anticipatory bail cannot be granted in a case of this nature. But, at the same time, petitioners being students, I am inclined to permit the petitioners to surrender before the Investigating Officer for interrogation and then to have their application for regular bail ordered by the Magistrate. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 07.03.2007 and 09.03.2007 for the purpose of interrogation and recovery of incriminating materials, if any. The petitioners shall thereafter be produced on the same day before the Magistrate having jurisdiction who shall release the petitioners on bail on appropriate conditions. This application is disposed of as above.