IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Bail Appl..No. 3165 of 2010() ----------------------------- (CRIME NO.330/2010 OF WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT) APPLICANT/ACCUSED NO.1 & 3,4,5 ---------------------------------------- 1. RAJAN AGED 35 YEARS, S/O. GANGADHARAN, PATTUKULANGARA HOUSE, CHITTAZHIKKARA DESOM, PUTHURUTHY VILLAGE, THRISSUR. 2. SUJITH, AGED 26 YEARS, S/O. AYYAPPAN, PATTUKULANGARA HOUSE, CHITTAZHIKKARA DESOM, PUTHURUTHY VILLAGE, THRISSUR. 3. SUBASH, AGED 30 YEARS, S/O. AYYAPPAN, PATTUKULANGARA HOUSE, CHITTAZHIKKARA DESOM, PUTHURUTHY VILLAGE, THRISSUR. 4. RAMACHANDRAN, AGED 32 YEARS, S/O. GANGADHARAN, PATTUKULANGARA HOUSE, CHITTAZHIKKARA DESOM, PUTHURUTHY VILLAGE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC' PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I OF POLICE, WADAKKANCHERY POLICE STATION. PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Bail Appl.No.3165 of 2010 -------------------------------------- Dated this the 1st day of June, 2010 ORDER Petitioners who are the accused Nos.1,3,4 and 5 respectively in Crime No.330/2010 of Wadakkanchery Police Station for offences punishable under Sections 143, 147, 148, 324, 326, 308, 452 read with Section 149 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 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 09.06.2010 or on 10.06.10 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear before the Magistrate concerned and file an application for regular bail. On B.A.No.3165/2010 : 2 : being convinced that the petitioners have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, 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 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 they 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 skj