IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Bail Appl..No. 1960 of 2009() ------------------------------------------ (CRIME NO.71/2009 OF THE VENGARA POLICE STATION) PETITIONER(S): ACCUSED NOS.1 TO 5: ----------------------------------------------------------- 1. MUSTAFA.K.K, S/O. HASSANKUTTY, KODALIKUNNU HOUSE, KARATHODU, MALAPPURAM DISTRICT. 2. SHAJI.K.P, S/O. NADI, KUZHIPALLY HOUSE, KARATHODU, MALAPPURAM DISTRICT. 3. MUHAMMEDKUTTY, S/O. ALAVI, POTHUVAPARAMBAN HOUSE, KARATHODU, MALAPPURAM DISTRICT. 4. JAISAL, S/O. IBRAHIM, NJANDUKANNI HOUSE, KARATHODU, MALAPPURAM DISTRICT. 5. BHARATHAN, S/O. BHASKARAN, ALAMPATTA HOUSE, KARATHODU, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): STATE: ---------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SMT. K.MEERA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 1960 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of April, 2009. ORDER Petitioners who are accused in Crime No. 71 of 2009 of Vengara Police Station for the offences punishable under Sections 143, 144, 147, 148, 506(i) and 308 read with Section 149 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 any day between 20.4.2009 and 25.4.2009 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 concerned. On being convinced that the petitioners has been interrogated by the police, the Magistrate shall release the petitioners on bail on each of them executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate and subject to the following conditions. 1. The petitioners shall report before the Investigating Officer between 9 am and 11 am on all Wednesdays. 2. The petitioners shall make themselves available for interrogation BA 1960/2009 including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. 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. The petition is disposed of as above. P BHAVADASAN, JUDGE lgk