IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 5423 of 2009() ------------------------ CRIME NO. 387/09 OF PERAMBRA POLICE STATION PETITIONERS/ACCUSED 1 & 2 -------------------------- 1. MOHAMMED, AGED 32 YEARS, S/O.POKKER, KOTTAPPURATH MEETHAL HOUSE, MENHANIAM AMSOM, MARUTHERI DESOM, KOYILANDY TALUK, KOZHIKODE DIST. 2. SALAM, S/O.ABOOBACKER HAJI, CHERUVALATH HOUSE, MENHANIAM AMSOM, MARUTHERI DESOM, KOYILANDY TALUK KOZHIKODE DIST BY ADV. SRI.SANTHARAM.P RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 5423 of 2010 .......................................... Dated: 22-03-2010 ORDER Petitioners who are the accused in Crime No. 387 of 2009 on the file of the Perambra Police Station for offences punishable under Sections 452, 323, 324, 506 , 294 (b), 427 and 308 read with Sec. 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 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 petitioner shall surrender before the investigating officer on any day between 26-3-2010 or 27-3-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall release the petitioner on bail on the petitioner executing a bond for Rs. 25,000/- (Rupees B.A. NO. 5423 of 2010 -:2:- 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. 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 22nd day of March, 2010. Sd/-V.RAMKUMAR, JUDGE ani /TRUE COPY/ P.S. to Judge