IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Bail Appl.No. 2047 of 2009 ----------------------------- (IN CRIME NO.130/09 OF TALIPARAMBA POLICE STATION) PETITIONERS/ACCUSED NO.1 & 3: ------------------------------------- 1. K.GANESAN, S/O.KANNAN, AGED 35 YRS, KUNNOOL (HOUSE,PARIYARAM.PO,PARIYARAM AMSOM, KANNUR DISTRICT. 2. V.NARAYANAN, S/O.AGED 41 YEARS, VALAPPUKALIL (H),EMBETTU,PERIYARAM AMSOM, KANNUR DIST. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH C0URT OF KERALA,ERNAKULAM THROUGH SHO,TALIPARAMBA POLICE STATION. BY PUBLIC PROSECUTOR, SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 2047 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of April, 2009. ORDER Petitioners who are accused nos. 1 and 3 in Crime No. 130 of 2009 of Taliparamba Police Station for offences punishable under Sections 471, 467 and 468 r/w Section 34 IPC seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail caanot 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 7th or 8th of May 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 petitioner has been interrogated by the police, the Magistrate shall release the B.A.No. 2047/09 -:2:- 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 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 he 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. P. BHAVADASAN, JUDGE ttb.