(1.) petitioners who are accused Nos.1 to 3 in Crime No.39/07 of Kannur Town Police Station for offences punishable punishable under sections 447, 341, 323, 324 and 308 read with section 34 IPC, seek anticipatory bail.
(2.) Learned Public Prosecutor opposed the application submitting, inter alia, that the de facto complainant who is a lady was attacked with the branches of a 'muringa' tree inflicting head injury and resulting in her admission in the Intensive Care Unit of the Hospital.
(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 interrogation and then to have their application for bail ordered by the Magistrate. Accordingly, accused Nos.1 to 3 shall surrender before the Investigating Officer on any day between 19.2.2007 and 21.2.2007 for the purpose of interrogation. Thereafter the 1st accused shall be produced on the same day before the Magistrate concerned. The Magistrate shall consider and dispose of the application for regular bail BA.781/07 Page numbers filed by the 1st accused, preferably on the same date on which it is filed. Accused 2 and 3 shall also 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.