IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 6918 of 2009() ----------------------------- CRIME NO.1503/2009 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT PETITIONER/ACCUSED ------------------------------------- K.S.GANESH, AGED 48, SON OF MR.SUBRAMANIAN, PROPRIETOR, M/S.BIMBO ICE CREAM, 3A-INDUSTRIAL DEVELOPMENT AREA, SOUTH KALAMASSERY (PO), ERNAKULAM DISTRICT, PIN-683 109. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION KALAMASSERY, ERNAKULAM DISTRICT PIN-683 104. 3. SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KALAMASSERY, ERNAKULAM DISTRICT- PIN 683 104. 4. INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.6918 of 2009 .......................................... Dated: 23.03.2010 ORDER Petitioner who is the accused in Crime No. 1503 of 2009 of Kalamassery Police Station for offences punishable under Section 135 of the Electricity Act, 2003, 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 26-3-2010 or on 27- 3-2010 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 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:- B.A.No. 6918 /2009 -:2:- 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. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. 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 sj