VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, 18 in number, seek anticipatory bail on the allegation that the Kumily police are at their heels in connection with Crime No.110/07 registered for offences punishable under sections 143, 147, 148, 323, 324, 326 and 308 read with section 149 IPC.

(2.) Learned Public Prosecutor, on instructions, submitted that the petitioners 1 and 7 are not accused in the case and that the petitioners 2 to 6 and 8 to 18 are respectively accused Nos.9, 10, 12, 14, 15, 13, 18, 21, 22, 16, 23, 24, 26 to 28 and 25.

(3.) With regard to the fact that it was a clash between two groups resulting in the registration of a case and a counter, eventhough I am not inclined to grant anticipatory bail to the petitioners, I am inclined to permit them to surrender before the Investigating Officer for the purpose of interrogation and recovery of incriminating materials and then to have their application for regular bail considered by the Magistrate concerned. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 06.06.2007 and 08.06.2007 for the purpose of interrogation and recovery of incriminating materials, if any. The petitioners shall, thereafter, be produced on the same day before the concerned Magistrate, who shall release the petitioners on bail on appropriate conditions. This application is disposed of as above.