IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 Bail Appl..No. 6248 of 2010() ----------------------------------------- (CRIME NO.1487/2010 OF THE KOLLAM EAST POLICE STATION) PETITIONERS/ACCUSED NO.1 TO 6: ------------------------------------------------------- 1. RAJAN P., AGED 39 YEARS, S/O. PAVITHRAN, PUTHENVAYAL, MUNDACKAL, KOLLAM. 2. RUGMINI AMMA, AGED 66 YEARS, W/O.PAVITHRAN, PUTHENVAYAL, MUNDACKAL, KOLLAM. 3. RIJUKUMAR, AGED 41 YEARS, S/O.PAVITHRAN, PUTHENVAYAL, MUNDACKAL, KOLLAM. 4. KARTHIKEYAN, AGED 40 YEARS, S/O.PAVITHRAN, PUTHENVAYAL, MUNDACKAL, KOLLAM. 5. MOHANAN, AGED 55 YEARS, S/O. PAVITHRAN, PUTHENVAYAL, MUNDACKAL, KOLLAM. 6. THANKOM, AGED 43 YEARS, D/O. RUGMINI AMMA, PUTHENVAYAL, MUNDACKAL, KOLLAM. BY ADV. SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KOLLAM EAST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ......................................... B.A. No. 6248 of 2010 .......................................... Date: 14.10.2010 ORDER Petitioners, who are accused Nos.1 to 6 in Crime No.1487/2010 of Kollam East Police Station for offences punishable under Sections 498A and 306 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. Accordingly, the petitioners shall surrender before the investigating officer on 26.10.2010 or on 27.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 1 & 2 shall thereafter be produced before the Magistrate who on being satisfied that the petitioners have been interrogated by the police shall consider and dispose of their application for regular bail preferably on the same date on which it is filed. 4. Petitioners 3 to 6 shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners 3 to 6 have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release petitioners 3 to 6 on bail on each of the said petitioners executing a bond for Rs. 15,000/- Bail A.No.6248/2010 -:2:- (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. Petitioners 3 to 6 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners 3 to 6 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners 3 to 6 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners 3 to 6 shall not commit any offence while on bail. If petitioners 3 to 6 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 sj