IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Bail Appl..No. 5864 of 2010() ---------------------------------- (CRIME NO. 541/2010 OF TWON SOUTH POLICE STATION, PALAKKAD DISTRICT) ............... PETITIONER(S)/2ND ACCUSED ------------------------------------- P.N.SHOBANAN, AGED 54, S/O.P.K.NARAYANAN, POOKADAN HOUSE, CHIRAKAKODU, VELLANIKARA, THRISSUR DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING THE STATION HOUSE OFFICER, TOWN SOUTH POLICE STATION, PALAKKAD) BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * B.A. No.5864 of 2010 * * * * * * * * * * * * * * * * * * * Dated: 28th day of September, 2010 ORDER Petitioner, who is the 2nd accused in Crime No.541/2010 of Town South Police Station, Palakkad for offences punishable under Sections 120(B), 420, 463, 465 and 471 read with 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 11.10.2010 or 12.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced 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 his 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 concerned and subject to the following conditions:- B.A. No.5864 of 2010 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. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 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 dmb