IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl. No. 1751 of 2010() CRIME NO. 90 OF 2010 OF KUNNICODE POLICE STATION .................... ACCUSED 1&3: -------------- 1. SAJEEV, CHENKULATHU VEEDU, PANTHAPLAVU P.O., PULIVILA, PATTAZHY, KOTTARAKKARA, KOLLAM DISTRICT. 2. SABU JOY, SANJU BHAVAN, PANTHAPLAVU P.O., PATTAZHY, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNNICODE POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 1751 of 2010 .......................................... Dated: 29th March, 2010 ORDER Petitioners who are accused Nos. 1 and 3 in Crime No. 90 of 2010 of Kunnicode Police Station for offences punishable under Sections 143, 147, 148, 452, 379, 294 (b) and 506(2) read with Section 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 Circle Inspector of Police, Punalur, 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 Circle Inspector of Police, Punalur, on 7-4-2010 or 8-4-2010 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 following B.A. No. 1751 of 2010 -:2:- conditions:- 1. Petitioners shall report before the Circle Inspector of Police, Punalur, 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 Circle Inspector of Police, Punalur,. 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 29th day of March, 2010. V.RAMKUMAR, JUDGE ani