IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2383 of 2009() ----------------------------- CRIME NO.432 OF 2008 OF KOTTAKAL POLICE STATION PETITIONERS: ACCUSEDS NOS. 7 TO 9 ------------------------------------------------------------------ 1. MUHAMMED FAZIL, S/O. MOOSA, PULIKKAL HOUSE, PADINJAKKARA, KOTTAKKAL, MALAPPURAM DISTRICT. 2. AHAMMEDKUTTY @ KUNHU, S/O. MOIDU, PULIKKAL HOUSE, KUTTIPURAM, KOTTAKAL, MALAPPURAM DISTRICT. 3. MUHAMMED SHAMEEN, S/O. AHAMMEDKUTTY, PULIKKAL HOUSE, PADINJAKKARA, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT(S): ------------------------- STATE OF KERALA, S.I OF POLICE KOTTAKKAL, POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = B.A.No.2383 of 2009 = = = = = = = = = = = = = = Dated this the day of May, 2009 ORDER Petitioners, who are accused Nos.7 to 9 in Crime No.432 of 2008 of Kottakkal Police Station for offences punishable under Sections 341,323,324,506(i) and 307 read with 34 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 any day between 11.05.2009 and 13.05.2009 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 B.A.No. 2383 of 2009 2 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 following conditions:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 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 5 th day of May, 2009. V. RAMKUMAR, JUDGE sj