IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 7799 of 2010() ------------------------------------------ (CRIME NO.401/2009 OF ALUVA TOWN SOUTH POLICE STATION, ERNAKULAM) ........ PETITIONER/ACCUSED: -------------------------------------- ANJU SANTHOSH, GEOK NEST, PERIYAR NAGAR, THOTTAKKATTUKARA.P.O., ALUVA. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss The Police Station, Aluva Town South shown in the cause title of the final order dated 03.12.2010 in B.A.7799/2010 is corrected as Ernakulam Town South as per the order dated 23.12.2010 in Crl.M.A.No.8221/2010 in B.A.7799/2010. Sd/- Assistant Registrar V. RAMKUMAR, J. ......................................... B.A. No. 7799 of 2010 .......................................... Dated this the 3rd day of December, 2010. ORDER Petitioner, who is the second accused in Crime No.401/2009 of Aluva Town South Police Station for offences punishable under Sections 415, 420, 403, 405 and 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 13.12.2010 or on 14.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioner shall be produced before the Magistrate concerned who on being convinced that the petitioner has been interrogated by the police, shall release the petitioner on bail on B.A.No.7799 /2010 -:2:- the petitioner 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 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. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. 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. ln B.A.No.7799 /2010 -:3:- The word “Aluva” occurring in the second line of first paragraph of the final order dated 03.12.2010 in B.A.No.7799/2010 is corrected and substituted as “Ernakulam” as per order dated 23.12.2010 in Crl.M.A.8221/2010 in B.A.7799/2010. Registrar(Judicial)