IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6708 of 2010() ------------------------------------------ (CRIME NO.1034/2010 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT) ................... PETITIONERS/ACCUSED A1-A2: --------------------------------------------- 1. BIJU SIVARAJAN, AGED 32 YEARS, S/O.SIVARAJAN, MUKALUVILAYIL VEEDU, MANAKKAKA, THUVAYOOR NORTH MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. SANTHA, AGED 55 YEARS, W/O.SIVARAJAN, MUKALUVILAYIL VEEDU, MANAKKAKA, THUVAYOOR NORTH MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ......................................... B.A. No. 6708 of 2010 .......................................... Dated: 28.10.2010 ORDER Petitioners who are accused Nos. 1 and 2 in Crime No. 1034 of 2010 of Adoor Police Station for an offence punishable under Section 498 A read with Sec. 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 10-11-2010 or 11-11-2010 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 the petitioners 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 Magistrate and subject to the following conditions:- B.A.No. 6708 /2010 -:2:- 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. 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 28th day of October, 2010. V.RAMKUMAR, JUDGE ani