IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1746 of 2009() ----------------------------- CRIME NO. 581/2009 OF KOTHAMANGALAM POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ NAISIL P.POULOSE, S/O. P.C.POULOSE, AGED 29 YEARS, PUTHETHU HOUSE, NELLIKUZHI P.O., EDANADU, KOTHAMANGALAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1746 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of April, 2009 O R D E R Petitioner who is the 2nd accused in Crime No.581/2009 of Kothamangalam Police Station for offences punishable under Sections 452, 324, 323, 427, 326 read with section 34 I.P.C., 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 any day between 13-4-2009 and 15-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall release the petitioner on bail on the petitioner executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with BA 1746/09 -2- two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:- 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. mn.