IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 7444 of 2009() ----------------------- CRIME NO. 470 OF 2009 OF CANDERA POLICE STATION, KASARAGOD DISTRICT PETITIONERS/ACCUSED ------------------ 1. AHMED SHAREEF.U, AGED 28 YEARS, S/O.P.P.ABBAS, UMMIMADAM HOUSE, PADNE THEKKEPURAM, PADNE VILLAGE. 2. NASHEED, S/O.M.AHMED, PUNNAKKAL HOUSE, VANGALATH VAYAL, AZHIKODE.P.O, AZHIKODE VILLAGE, KANNUR DISTRICT. 3. SHAMEEM.V.V, AGED 29 YEARS, S/O.ABDUL MAJEED PUNNAKAL, P.P.HOUSE, MILL ROAD, VALAPATTANAM, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARGOD (CRIME NO.470/09). 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.CM. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 7444 2009 .......................................... Dated: 26th day of March, 2010. ORDER Petitioners who are accused Nos. 1 to 3 in Crime No. 470 of 2009 of Chandera Police Station, Kasaragod District for offences punishable under Sections 452, 341, 323, 354 and 427 read with Sec. 341 I.P.C. seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 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 the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on 6-4- 2010 or 7-4-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall release the petitioners on bail on each of the petitioners executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the B.A. No. 7444 of 2009 -:2:- following conditions:- 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. Dated this the 26th day of March, 2010. Sd/-V.RAMKUMAR, JUDGE ani /true copy P.S. to Judge