IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Bail Appl..No. 7558 of 2010() ------------------------------------------ CRIME NO.1127/2010 OF ADOOR POLICE STATION. ....... PETITIONERS/ACCUSED --------------------------------------- 1. DHARMAPUTRAN, SON OF KRISHNAKURUPPU, AGED 37 YEARS, RESIDING AT 'SHIVASAILAM' PALLICKAL P.O., ADOOR, PATHANAMTHITTA DISTRICT. 2. GOMATHI AMMA, W/O.KRISHNAKURUPPU, AGED 80 YEARS,KAIMAVEEDU, PALLICKAL, PATHANAMTHITTA DISTRICT. 3. K.UDAYABHANU, S/O.KRISHNAKURUPPU, AGED 48 YEARS, KAIMAVEEDU, PALLICKAL, PATHANAMTHITTA DISTRICT. 4. SEEMA, W/O.UDAYABHANU, AGED 43 YEARS, KAIMAVEEDU, PALLICKAL, PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): -------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN 691523. 2. SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN 691523. 3. STATE OF KERALA, 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 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7558 of 2010 ------------------------------------------------ Dated this the 26th day of November, 2010 ORDER The petitioners, who are accused Nos.1 to 4 in Crime No.1127 of 2010 of Adoor Police Station for an offence punishable under Section 498-A read with Section 34 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 first 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 first petitioner (A1) shall surrender before the investigating officer on 06/12/2010 or on 07/12/2010 for the purpose of interrogation and recovery of incriminating material, if any. The first petitioner shall thereafter be produced before the Magistrate who on being satisfied that the first petitioner has been interrogated by the police shall consider and dispose of his application for regular Bail Appln.No.7558/2010 : 2 : bail preferably on the same date on which it is filed. 4. I am inclined to permit 2nd, 3rd & 4th 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, 2nd, 3rd & 4th petitioners shall surrender before the investigating officer on 06/12/2010 or on 07/12/2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, 2nd, 3rd & 4th petitioners shall be produced before the Magistrate concerned who on being convinced that the 2nd, 3rd & 4th petitioners have been interrogated by the police, shall release 2nd, 3rd & 4th petitioners on bail on each of them executing a bond for `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. 2nd, 3rd & 4th petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. 2nd, 3rd & 4th petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. Bail Appln.No.7558/2010 : 3 : 3. 2nd, 3rd & 4th petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. 2nd, 3rd & 4th petitioners shall not commit any offence while on bail. 5. If 2nd, 3rd & 4th 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 skj