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. 6628 of 2010(C) ----------------------------------- (CRIME NO.1081/2010 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT) .......... PETITIONERS/ACCUSED 1 TO 4 -------------------------------------- 1. SHEFEEQUE, SHENIL MANZIL, NELLIMURUPPU, PUNNALA MURI, PUNNALA VILLAGE. 2. REFEEQUE, ALRAMNA MANZIL, NELLIMURUPPU, PUNNALA MURI, PUNNALA VILLAGE. 3. REJEENA, W/O.NIZAR, VENGAVILA PADINJATTATHIL, NADANNUR THEKKAKKARA LEKSHAM VEEDU, PUNNALA MURI, PUNNALA VILLAGE. 4. SHYLAJA, DAUGHTER OF LATHEEFA BEEVI, VENGAVILA PADINJATTATHIL, NADANNUR THEKKAKKARA LEKSHAM VEEDU, PUNNALA MURI, PUNNALA VILLAGE. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, (CRIME NO.1081/2010 OF PATHANAPURAM POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 6628 of 2010 ............................................... Dated: 26th day of October, 2010 ORDER Petitioners, who are accused Nos. 1 to 4 in Crime No.1081/2010 of Pathanapuram Police Station for offences punishable under Sections 447, 341, 323, 324, 354 and 326 read with 34 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. 6628 of 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