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. 1997 of 2009() ----------------------------- CRIME NO. 351 OF 2009 OF KOTTARAKKARA POLICE STATION .................... PETITIONERS 1. JOHNSON, AGED 30 YEARS, (3 RD ACCUSED) S/O. THANKACHAN, KIZHANGUVILA VEEDU, KIZHAKKETHERUV MURI, MELILA VILLAGE 2. RAJEEV KRISHNAN @ RAJEEV, (5TH ACCUSED) AGED 23 YEARS, S/O. KRISHNANKUTTY, POIKAYIL VEEDU, SALEM NAGAR, IYAPPALLOOR MURI, MELILA VILLAGE 3. AJEES, AGED 28 YEARS S/O. GOPALAKRISHNAN, A.B. BHAVAN, NADUKUNNU WEST MELILA WEST (7TH ACCUSED) BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR 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. 1997 of 2009 .......................................... Dated: 7th April, 2009 ORDER Petitioners who are accused Nos. 3, 5 and 7 in Crime No. 351 of 2009 of Kottarakkara Police Station for offences punishable under Sections 143, 147, 452, 294 (b), 354, 341, 323, 324 and 424 read with Sec. 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 17th or 18th of April 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 have been interrogated by the police, the Magistrate shall release the petitioners on bail on each of the petitioners 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 B.A. No. 1997 of 2009 -:2:- 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 him shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE ani