IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Bail Appl..No. 7175 of 2010(D) ----------------------------------------- (CRIME NO.765/2010 OF NILAMBUR POLICE STATION, MALAPPURAM DISTRICT) .............. PETITIONER/ACCUSED 1 AND 3: ----------------------------------------------- 1. SAFEER @ POOMON, AGED 21 YEARS, S/O.ALIKKUTTY,CHERIYIL HOUSE, PARAYANKADU, POOKKOTUMPADAM P.O, NILAMBUR TALUK. 2. SABEERALI,AGED 23 YEARS, S/O.KUNJIMOHAMMED, MULLIPILAKAL HOUSE, THATTIYEKKAL, POOKKOTTUMPADAM P.O. BY ADV. SRI.P.SAMSUDIN. RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. .............................. B.A. No. 7175 of 2010 .......................................... Dated: 22nd day of November, 2010 ORDER Petitioners, who are accused Nos. 1 and 3 in Crime No.765/2010 of Nilambur Police Station for offences punishable under Sections 308 and 324 read with 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 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 03.12.2010 or on 04.12.2010 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 B.A.No. 7175 /2010 -:2:- Magistrate and subject to the following conditions:- 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