IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 5017 of 2010() ----------------------------- CRIME NO.190/2010 OF ALAKODE POLICE STATION PETITIONES/ACCUSED NOS.1 TO 7 ------------------------------ 1. GEORGE MATHEW @ JOY, S/O.MATHEW AGED 38 YEARS, KUTTIVELIL HOUSE, ARIVILANHAPOYIL, ALAKODE AMSOM TALIPARAMBA TALUK KANNUR DISTRICT. 2. CHACKO, S/O.MATHEW, AGED 50 YEARS KUTTIVELIL HOUSE, ARIVILANHAPOYIL PO, ALAKODE AMSOM TALIPARAMBA TALUK KANNUR DISTRICT. 3. SAJIMON @ SHAJI, S/O.ANTONY, AGED 42 YEARS, PEZHANAL HOUSE, ALAKODE AMSOM TALIPARAMBA TALUK KANNUR DISTRICT. 4. JOHNY P.A, S/O.ANTONY , AGED 44 YEARS PEZHANAL HOUSE, ALAKODE AMSOM TALIPARAMBA TALUK KANNUR DISTRICT. 5. SASI, S/O.RAGHAVAN NAIR, KALLARATH HOUSE,MANAKKADAVU, TALIPARAMBA TALUK KANNUR DISTRICT. 6. JOSE, S/O.MATHEW, AGED 43 YEARS KUTTIVELIL HOUSE,PO ARIVILANHAPOYIL, ALAKODE AMSOM TALIPARAMBA TALUK KANNUR DISTRICT. 7. SABU KURIAKOSE, S/O.KURIAKOSE, AGED 26 YEARS, PAMBAKKAL HOUSE, SANTHIPURAM, UDAYAGIRI PO ALAKODE AMSOM TALIPARAMBA TALUK KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): / COMPLAINANT --------------- STATE THROUGH S.HO ALAKODE POLICE STATION,KANNUR DT. REP BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTORMR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * B.A. No. 5017 of 2010 * * * * * * * * * * * * * * * * * * * Dated: 3rd day of September, 2010 ORDER Petitioners, who are accused Nos. 1 to 7 in Crime No. 190/2010 of Alakode Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 294(b) 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 6th 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 6th petitioner shall surrender before the investigating officer on 15.9.2010 or 16.9.2010 for the purpose of interrogation and recovery of incriminating material, if any. The 6th petitioner shall thereafter be produced before the Magistrate who on being satisfied that the 6th petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. B.A. No. 5017 of 2010 2 4. I am inclined to permit the petitioner Nos. 1 to 5 and 7 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 petitioner Nos. 1 to 5 and 7 shall surrender before the investigating officer on 15.9.2010 or 16.9.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner Nos. 1 to 5 and 7 shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner Nos. 1 to 5 and 7 have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioner Nos. 1 to 5 and 7 on bail on each of them 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 Nos. 1 to 5 and 7 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner Nos. 1 to 5 and 7 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. B.A. No. 5017 of 2010 3 3. The petitioner Nos. 1 to 5 and 7 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioner Nos. 1 to 5 and 7 shall not commit any offence while on bail. 5. If the petitioner Nos. 1 to 5 and 7 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. Dated this the 3rd day of September, 2010 V.RAMKUMAR, JUDGE dmb