IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1796 of 2009() ------------------------ PETITIONERS: ------------ 1. LIJUMON P.S., PANACHIPALLIL HOUSE, EDADU P.O., EDADU, MOOLAMATTOM, IDUKKI, FATHER'S NAME SEKHARAN P.K., AGED 24 YEARS, IST MA.ISLAMIC HISTORY. 2. FRANKLIN ANIL BABY, IIIRD, BA.ECONOMICS, S/O. BABY C.G. GEORGE, AGED 21 YEARS, CHENNAMVALALIL (H) SANTHAMPARA, POLICE QUARTERS, SANTHAMPARA P.O., IDUKKI. 3. PRATHEESH P, IIIRD BSC PHYSICS, S/O. PURUSHOTHAMAN NAIR, AGED 21 YEARS, NAMPILAYIL HOUSE, KOORALI P.O., ELAMKULAM, KOTTAYAM. 4. RAKESH P.K., IIIRD BSC, BOTANY, S/O. KELU, AGED 21 YEARS, PAYIMOOLA (H), CHERUKATTOOR, PANAMARAM P.O., WAYANAD. BY ADV. SRI.P.F.FRANCIS RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY (CI OF POLICE CENTRAL POLICE STATION, ERNAKULAM ) BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 1796 of 2009 .......................................... Dated: 7th April, 2009. ORDER Petitioners seek anticipatory bail on the allegation that Central Police, Ernakulam are at their heels in connection with a crime for an offence punishable under Sec. 308 I.P.C. 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 17th or 18th April 2009 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 each of 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:- 1. The petitioners shall report before the B.A. No. 1796 of 2009 -:2:- 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 he 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 ani