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. 1561 of 2009() ----------------------------- CRIME NO.129/2009 OF BINANIPURAM POLICE STATION PETITIONER/ACCUSED:- ------------------------------ 1. SUDHISH, AGED 57 YEARS P.HYDROSEKUTTY, POONTHATH HOUSE, PO KALOOR, VDAKKEKKAD, TRICHUR DISTRICT. 2. P.H.AHAMED KABEER, AGED 45 YEARS P.HYDROSEKUTTY, POONTHATH HOUSE, PO KALOOR, VDAKKEKKAD, TRICHUR DISTRICT. THE NAME AND ADDRESS OF THE 1ST AND 2ND PETITIONERS ARE CORRECTED AS: 1. SUDHISH, AGED 29 YEARS, S/O.SUNDARAN VAIDYAR, MANNANPARAMBIL, KANINGATHURUTHY, NORTH PARAVUR. 2. TOMS, AGED 29 YEARS, S/O.HENRY, KURUPPANTHARA, KONGORPILLY, ALAMCODE, NORTH PARAVUR. AS PER ORDER DATED 30-3-2009 IN CRL.M.A. 1661/2009 IN B.A.1561/08. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.129 OF 2009 OF BINANIPURAM POLICE STATION) 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. 1561 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7th day of April, 2009 O R D E R Petitioners who are accused Nos. 1 and 2 in Crime No. 129/2009 of Binanipuram Police Station for offences punishable under Sections 452, 341, 354, 323 read with section 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 15-4-2009 or on 16-4-2009 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 have been interrogated by the police, the Magistrate shall release them on bail on their executing a bond for Rs. 25,000/- each (Rupees twenty five thousand only) with BA 1561/09 -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. V. RAMKUMAR, JUDGE. mn.