IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 1768 of 2010() ----------------------------- (CRIME BI,69/2010 OF BATHIYADUKKA POLICE STATION) PETITIONER/ACCUSED -------------------------------------- 1. MOHAMMED AGED 38 YEARS,A2 CHANDRAM PARA HOUSE,NEKARAJE POST, NEKARJE VILLAGE,KASARAGOD. 2. MUTHALI AGED 23 YEARS,A3, S/O.MAHAMOOD,PANJOOR MULA HOUSE, NEKARJE POSE, NEKARJE VILLAGE, KASARAGOD, 3. SHAREEF A5, S/O.IBRAHIM ,CHANDRAN PARA HOUSE, NEKARJE POSE, NEKARJE VILLAGE, KASARAGOD, 4. IBU @ O.P.IBRAHIM 28 YEARS A6, CHNRAN PARA HOUSE, NEKARJE POSE, NEKARJE VILLAGE, KASARAGOD, 5. MULIYAR SHEHAB AGED 24 YEARS, A8, S/O.AHAMMED,MULIYAR HOSUE, NEKARJE POSE, NEKARJE VILLAGE, KASARAGOD, BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY INPSPECTOR OF POLCIE, BATHIYADUKKA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. PUBLIC PROSECUTOR C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 1768 of 2010 .......................................... Dated: 6-04-2010 ORDER Petitioners who are accused Nos. 1,3,5,6 and 8 in Crime No. 69 of 2009 of Bathiyadukka Police Station (Kasaragod District) for offences punishable under Sections 143,147,148,341,323,324,506 (II) & 153A read with 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 21/4/2010 or 22/4/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of the petitioners executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with BA NO. 1768/2010 -2- two solvent sureties each for the like amount to the satisfaction of the 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. 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. This petition is disposed of as above. Dated this the 6th day of April, 2010. V.RAMKUMAR, JUDGE dpk