IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Bail Appl..No. 4177 of 2008() -------------------------------- CRIME NO. 368/2008 of VADAKKANCHERI POLICE STATION ................................... APPLICANTS/ACCUSED NO.1 & 3 -------------------------------------------- 1. PRAKASAN, AGED 27 YEARS, S/O.VADAKKEKARA KUTTAPPAN, CHITANDA DESOM AND VILLAGE, TALAPPILLY TALUK. 2. PRADEEP, AGED 34 YEARS, S/O.ALIKKAL MADHAVAN, CHITANDA DESOM & VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 4177 of 2008 ---------------------------------- Dated this the 7th day of July, 2008. O R D E R Petitioners who are accused Nos. 1 and 3 in Crime No. 368 of 2008 of Vadakkancheri Police Station for offences punishable under Sections 143, 147, 148, 323, 324 and 308 r/w 149 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 10.07.2008 and 14.07.2008 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 who shall release the petitioners on bail subject to the following conditions:- B.A. NO. 4177/2008 -:2:- 1. The petitioners shall not enter the limits of Vadakkancheri Police Station until further orders. 2. The petitioners shall report before the Superintendent of Police, Thrissur between 9 a.m and 11 a.m on all Wednesdays. 3. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 4. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 5. The petitioners shall not commit any offence while on bail. 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 7th day of July, 2008. V.RAMKUMAR, JUDGE. rv