P T KUNHALI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed under Section 438 of the code of Criminal Procedure for anticipatory bail. The petitioners are accused Nos. 11 to 21 in Crime No. 67 of 2009 of Kolathur police Station alleging commission of offences punishable under sections 143, 147, 462, 294 (b), 353 and 332 read with Section 149 of the Indian Penal Code and Section 3 (1) of the PDPP Act.

(2.) THE case of the prosecution is that the petitioners along with the other accused persons formed unlawful assembly on 30. 3. 2009 and entered into the premises of the Moorkkanad Panchayat office situated at Vengad and some of them entered into the said Panchayat office and committed the offences alleged against them.

(3.) I have heard learned counsel for the petitioners as also the learned Public Prosecutor. Anticipatory bail cannot be granted in a case of this nature. However, I am inclined to permit the petitioners to surrender before the investigating officer for the purpose of interrogation and to have their applications considered by the Magistrate having competent jurisdiction.