IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1896 of 2009() ---------------------- CRIME NO. 752 OF 2008 OF KONNI POLICE STATION PETITIONER/APPREHENDING ARREST ------------------------------- 1. MOHANAN,AGED 42 YEARS, S/O.ADHICHAN,CHALINKAROTTA PADINJATTATHIL, VALLICODU MURI,VALLICODE VILLAGE. 2. MANU,AGED 20 YEARS, S/O.MADHU,MANU BHAVAN, VALLICODU MURI,VALLICODE VILLAGE. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 1896 of 2009 .......................................... Dated: 7- 04 -2009 ORDER Petitioners who are the accused in Crime No. 752 of 2008 of Konni Police Station for offences punishable under Sections 143, 147, 148, 149, 323 and 324 I.P.C. seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application and submitted that the 2nd petitioner is not an accused in the above case. Hence, the apprehension of arrest and harassment entertained by him is unfounded and his request for anticipatory bail is rejected. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the first petitioner (A12) 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 the first petitioner shall surrender before the investigating officer on 17-4- 2009 or 18-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. The first petitioner shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the first petitioner has been interrogated by the police, the Magistrate shall release the first B.A. No. 1896 of 2009 -:2:- petitioner on bail on the first petitioner 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 first petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The first petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The first Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The first Petitioner shall not commit any offence while on bail. 5. If the first 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. Sd/-V.RAMKUMAR, JUDGE ani /true copy/