IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Bail Appl..No. 1495 of 2009() -------------------------------- CRIME NO. 54/2009 of BADIADKKA POLICE STATION PETITIONERS/ACCUSED 1,2,4 AND 5:- -------------------------------------------- 1. ABDUL LATHEER, S/O.BAPPUNHI, RESIDING AT KOREKAR, PALLATHADKKA, BADIADKKA VILLAGE, KASARAGOD DISTRICT. 2. MARIAMMA, AGED 61 YEARS, W/O.BAPPUNHI, RESIDING AT KOREKAR, PALLATHADKKA, BADIADKKA VILLAGE, KASARAGOD DISTRICT. 3. SUHARA, AGED 25 YEARS, W/O.ABDULLA, UKKINADKA HOUSE, UKKINADKA POST, ENMAKAJE VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 4. BAPPUNHI, S/O.HASSAN KUNHI, AGED 70 YEARS, KOREKAR, PALLATHADKKA, BADIADKKA VILLAGE, KASARAGOD DISTRICT. BY ADV. MR. T.MADHU RESPONDENT/STATE:- -------------------------- THE STATION HOUSE OFFICER, BADIADKKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No. 1495 of 2009 .......................................... Dated this the 26th day of March, 2009 ORDER Petitioners who are accused Nos. 1, 2, 4 and 5 in Crime No. 54 of 2009 of Badiadkka Police Station for offences punishable under Sections 498(A), 323 and 506 r/w Section 34 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 any day between 02.04.2009 and 04.04.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioners have been interrogated by B.A. No. 1495/2009 -:2:- the police, the Magistrate shall release the petitioners on bail on each of them 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. 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. Dated this the 26th day of March, 2009. V.RAMKUMAR, JUDGE rv