IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Bail Appl..No. 4142 of 2010() --------------------------------------- CRIME NO.359/2010 OF KUMBLA POLICE STATION, KASARAGOD DISTRICT. ............. PETITIONERS/ACCUSED --------------------------------------- * 1. K.V.SABU, SON OF KANNAN, VARAKKOTTUVAYAL, PILIKODE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. K.V.JANAKI, WIFE OF KANNAN, VARAKKOTTUVAYAL, PILIKODE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. PRIYA, WIFE OF ANAND BABU, VARAKKOTTUVAYAL, PILIKODE, HOSDURG TALUK, KASARAGOD DISTRICT. 4. PUSHPA, WIFE OF BABURAJ, POOVALAMKAI, PEROL POST, NEELESWARAM, KASARAGOD DISTRICT. *THE NAME OF THE IST PETITIONER IS CORRECTED AS K.V.BABU AS PER ORDER DT. 27.7.2010 IN CRL.MA. NO.4160/2000. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, (S.H.O., KUMBLA POLICE STATION), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... B.A. No.4142 of 2010 .......................................... Dated: 06.09.2010 ORDER Petitioners who are accused Nos. 1 to 4 in Crime No. 359 of 2010 of Kumbla Police Station (Kasaragod District) for offences punishable under Sections 323, 448, 498-A, 506(ii) read with Section 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 17.09.2010 or 19.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of the petitioners 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:- B.A. No.4142/10 2 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. Since the 3rd petitioner is a lady, who is presently in Chennai, after her delivery, her brother, first petitioner will surrender before the police instead of 3rd respondent. This petition is disposed of as above. Dated this the 6th day of September, 2010. V.RAMKUMAR, JUDGE. sou.