IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 4949 of 2010() --------------------------------- CRIME NO. 966/2010 OF THODUPUZHA POLICE STATION ................... PETITIONER/ACCUSED : --------------------------- NIPUN PRASAD, AGED 24 YEARS, S/O.SIVAPRASAD, MATTAPPALLIYIL HOUSE, THIRUVATHUKKAL P.O., VELLOOR VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT/ COMPLAINANT : ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING THE S.I.OF POLICE, THODUPUZHA POLICE STATION. BY SRI. C.S.HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No. 4949 of 2010 .......................................... Dated: 03.09.2010 ORDER Petitioner, who is the sole accused in Crime No.966/2010 of Thodupuzha Police Station (Idukki District) for offences punishable under Section 279 and Section 3 of the Prevention of Damage to Public Property Act, 1984, seeks 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 petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 15.09.2010 or 16.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioner on bail on his executing a bond for B.A.No. 4949/2010 2 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:- 1. Petitioner shall deposit before the Magistrate court a sum of Rs. 8,000/- within one month towards the damage sustained to the police jeep bearing registration No. KL 01 AG 9901 attached to the Thodupuzha Police Station. 2. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 3. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 4. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. Petitioner shall not commit any offence while on bail. 6. If the petitioner 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. Dated this the 3rd day of September, 2010. V.RAMKUMAR, JUDGE ln