IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Bail Appl..No. 4731 of 2010(F) ----------------------------------------- (CRIME NO.1010/2010 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT) .......... PETITIONER/ACCUSED: ---------------------------------- SIRAJUDEEN, AGED 28 YEARS, S/O.SHAMSUDEEN, RAMLA MANZIL, LEKSHMITHOPPU COLONY, KIZHAKKUMBHAGUM, MANCODE VILLAGE, CHITHARA PANCHAYATH, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADVS. SRI. K.SIJU, SMT. BINDU GEORGE. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4731 of 2010 ------------------------------------------------- Dated this the 10th day of August, 2010 ORDER The petitioner who is the sole accused in Crime No.1010/2010 of Kadakkal Police Station for offences punishable under Sections 452, 354, 323 & 294(b) I.P.C., seeks 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 19/08/2010 or on 20/08/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner has been interrogated by the police, the Magistrate B.A.No.4731/2010 : 2 : shall preferably on the same date on which the application is filed, release the petitioner on bail on the petitioner 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 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. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 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 skj