IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Bail Appl..No. 6654 of 2010(F) ----------------------------------- (CRIME NO.1161/2010 OF CHATHANNOOR POLICE STATION, KOLLAM DISTRICT) ......... PETITIONERS/ACCUSED 1 TO 5: --------------------------------------- 1. MANJESH BABU, AGED 30 YEARS, S/O.SASI, RESIDING AT SUMMITH BHAVAN, M.C.PURAM, THAZHAM, CHATHANNOOR P.O., KOLLAM. 2. SUNITHA, AGED 26 YEARS, W/O.MANJESH BABU, RESIDING AT SUMMITH BHAVAN, M.C.PURAM, THAZHAM, CHATHANNOOR P.O., KOLLAM. 3. SASI, AGED 65 YEARS, S/O.KUNJUKRISHNAN, RESIDING AT MAYAVILASOM, M.C.PURAM, THAZHAM, CHATHANNOOR P.O., KOLLAM. 4. SARASWATHI, AGED 60 YEARS, W/O.SASI, RESIDING AT MAYAVILASOM, M.C.PURAM, THAZHAM, CHASTHANNOOR P.O., KOLLAM. 5. MAYA, AGED 26 YEARS, D/O.SASI, RESIDING AT MAYAVILASOM , M.C.PURAM, THAZHAM, CHASTHANNOOR P.O., KOLLAM. BY ADV. SRI.HARISH GOPINATHAN RESPONDENT(S): COMPLAINANT: ---------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, CHATHANNOOR, KOLLAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ................................... B.A. No. 6654 of 2010 ............................................... Dated: 26th day of October, 2010 ORDER Petitioners, who are accused Nos. 1 to 5 in Crime No.1161/2010 of Chathannoor Police Station for offences punishable under Sections 143, 147, 148, 149, 452, 323, 324, 354 and 294(b) IPC, 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 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners 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:- B.A.No.6654 /2010 -:2:- 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. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 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 dmb