IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Bail Appl..No. 3649 of 2010() --------------------------------------- CRIME NO.434/2010 IN VENJARAMMOODU POLICE STATION OF THIRUVANANTHAPURAM DISTRICT. ................. PETITIONER/ACCUSED ----------------------------------- 1. RAHUL, AGED 20 YEARS, S/O.RAMAKRISHNAN NAIR, RESIDING AT R.K.BHAVAN, PUTHAYAM, MANIKKAL MURI, KOLIYAKKODU VILLAGE, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT. 2. RAMAKRISHNAN NAIR, AGED 54 YEARS, S/O.GANGADHARA KURUP, RESIDING AT R.K.BHAVAN, PUTHAYAM, MANIKKAL MURI, KOLIYAKKODU VILLAGE, VENJARAMMOODU, THIRUVANANTHAPURAM DISTRICT. 3. USHA, AGED 44 YEARS, D/O.DROUPATHY AMMA, RESIDING AT R.K.BHAVAN, PUTHAYAM, MANIKKAL MURI, KOLIYAKKODU VILLAGE, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT. 4. VALSALA, AGED 49 YEARS, D/O.DROUPATHY AMMA, RESIDING AT VALSALA VILASAM, PUTHAYAM, MANIKKAL MURI, KOLIYAKKODU VILLAGE, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR B.A. NO.3649/2010 RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVINGCOME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ================ B.A. No.3649 of 2010 ==================== Dated: 6th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 4 in Crime No. 434/2010 of Venjaramoodu Police Station for offences punishable under Sections 323, 294(b), 354 and 427 I.P.C. and 3(I) (X) (XI) of SC / ST (POA) Act, 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 1st petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the 1st petitioner shall surrender before the investigating officer on 18.8.2010 or on 19.8.2010 for the purpose of interrogation and recovery of incriminating material, if any. The 1st petitioner shall thereafter appear before the Magistrate who on being satisfied that the 1st petitioner has been interrogated by the Police, shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. B.A. No.3649 of 2010 2 4. I am inclined to permit Petitioner Nos.2 to 4 to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered favourably by the Magistrate having jurisdiction. Accordingly, Petitioner Nos.2 to 4 shall surrender before the investigating officer on 18.8.2010 or on 19.8.2010 for the purpose of interrogation and recovery of incriminating material, if any. Petitioner Nos.2 to 4 shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that they have been interrogated by the police, the Magistrate shall release them on bail on each of them 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 following conditions:- 1. Petitioner Nos.2 to 4 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioner Nos.2 to 4 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioner Nos.2 to 4 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. B.A. No.3649 of 2010 3 4. Petitioner Nos.2 to 4 shall not commit any offence while on bail. 5. If they 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. V.RAMKUMAR, JUDGE dmb