IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Bail Appl..No. 6219 of 2010() ----------------------------- AGAINST THE ORDER DATED 22/09/2010 IN CRMP.2829/2010 IN CRMP.2793/2010 of SESSIONS COURT, PALAKKAD .................... (CRIME NO.288/2010 OF MANKARA POLICE STATION, PALAKKAD DISTRICT) ........... PETITIONERS/ACCUSED NOS.1 TO 3: ----------------------------------------------------------- 1. K.V.SUNIL, AGED 31 YEARS, S/O.VASU, KAKKATTU HOUSE, MANKARA POST, PALAKKAD. 2. SUNEESH, AGED 18 YEARS, S/O.BHASKARAN, CHEVIRIYAL HOUSE, POOLODI, MANKARA.P.O., PALAKKAD. 3. T.K.SIVADAS, AGED 40 YEARS, S/O.KITTAN, THUVARAKKATTIL HOUSE, MANKARA.P.O., PALAKKAD. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, MANKARA POLICE STATION, PALAKKAD DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * * * B.A. No. 6219 of 2010 * * * * * * * * * * * * * * * * * * * Dated: 11th day of October, 2010 ORDER Even though there are three petitioners, who are accused Nos. 1 to 3 in Crime No.288/2010 of Mankara Police Station registered for an offence punishable under Section 3(1) of the Prevention of Damage to Public Property Act for having destroyed six street lights by the four accused persons therein, the learned counsel for the petitioners submits that he is not pressing the application on behalf of petitioners 1 and 3 (A1 and A3) and that he is pressing the application on behalf of 2nd petitioner (A2) only. 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 2nd 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 2nd petitioner shall surrender before the investigating officer on 25.10.2010 or 26.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The 2nd petitioner shall thereafter be produced before the Magistrate concerned and he may file an application for regular bail. On being convinced that the 2nd petitioner has been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the 2nd petitioner on bail on B.A. No. 6219 of 2010 2 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 and subject to the following conditions:- 1. The 2nd petitioner shall deposit a sum of Rs.3,000/- towards the loss sustained by the Mankara Grama Panchayath before executing the bail bond. 2. The 2nd petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 3. The 2nd petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 4. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The 2nd petitioner shall not commit any offence while on bail. 6. If the 2nd 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