IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Bail Appl..No. 5918 of 2010() ---------------------------------------- CRIME NO.221/2010 OF SREEKRISHNAPURAM POLICE STATION ............ PETITIONERS/ACCUSED --------------------------------------- 1. BALAKRISHNA @ P.B.GUPTHAN, S/O.KUNJUNNI GUPTHAN, AGED 65 YEARS, PALLIYEPATH VEEDU, MANNAMPATTA AMSOM, KULAKKATTUKURUSSI DESOM, OTTAPALAM TALUK. 2. B.SREEJITH, AGED 28 YEARS, S/O.BALAKRISHNAN GUPTHAN, PALLIYEPATH VEEDU, MANNAMPATTA AMSOM, KULAKKATTUKURUSSI DESOM, OTTAPALAM TALUK. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): STATE ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SHO, SREEKRISHNAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... B.A. No.5918 of 2010 .......................................... Dated: 30.09.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.221/2010 of Sreekrishnapuram Police Station for offences punishable under Sections 354,324 and 323 read with 34 I.P.C. and Section 3(i) and (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seek anticipatory bail. 2. The learned Public Prosecutor, on instructions, submitted that the 2nd petitioner who was arrayed as A2 has since been deleted from the array of accused and similarly the offence punishable under Section 354 IPC is also deleted. If so, the apprehension of arrest and harassment entertained by the 2nd petitioner cannot be true. The request for anticipatory bail by the 2nd petitioner is accordingly dismissed. 3. In the case of the 1st petitioner, anticipatory bail cannot be granted . 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 14.10.2010 or on 15.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The 1st petitioner shall thereafter be produced before the Magistrate concerned. The 1st B.A.No.5918 /2010 -:2:- petitioner may then file an application for regular bail. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the 1st petitioner on bail on his executing a bond for Rs. 15,000/- (Rupees fifteen 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 petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj