IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 Bail Appl..No. 62 of 2010() --------------------------- CRIME NO.1367/2009 OF NEDUMANGADU POLICE STATION PETITIONERS/ ACCUSED 1 - 4 --------------------------------------------------- 1. SAMBASIVAN, S/O. GANGADHARA PANCIKER, AGED 52 YEARS, REMANI BHAVAN, KUMMI IRUMBA, ARUVIKKARA VILLAGE, THIRUVANANTHAPURAM. 2. SABU RENJITH, S/O. SAMBASIVAN, AGED 25 YEARS, -DO- 3. SABU SREEJITH, S/O. SAMBASIVAN, AGED 23 YEARS, -DO- 4. SOMAN, AGED 42 YEARS, S/O. APPU PANICKER, KATTU KATTAKKAL VEEDU, MYLAM, MOZHI, CERIYAKONNI.P.O, ARUVIKKARA VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.62 of 2010 .......................................... Dated: 16.03.2010 ORDER Petitioners who are accused Nos.1 to 4 in Crime No.1367 of 2009 of Nedumangadu Police Station for offences punishable under Sections 452,24,326 and 427 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 18.03.2010 and 20.03.2010 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 by the police, the Magistrate shall release the petitioners on bail on 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:- B.A.No.62/10 -: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. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj