IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1337 of 2009() --------------------------------- CRIME NO. 553/2008 OF SOUTH POLICE STATION, ALAPPUZHA .................... PETITIONER/ACCUSED:- --------------------------- PRAVEEN, AGED 33 YEARS, W/O. MADHUSUDHANAN, MARAKKATH HOUSE, MULLASSERY DESOM, VENKIDANGU VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. MR. C.D.DILEEP RESPONDENTS:- ------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, SOUTH POLICE STATION, ALAPPUZHA. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No. 1337 of 2009 .......................................... Dated this the 23rd day of March, 2009 ORDER Petitioner who is the 1st accused in Crime No. 553 of 2008 of South Police Station, Alappuzha for offences punishable under Sections 420 and 406 r/w Section 34 I.P.C., 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 any day between 28-3-2009 and 31-3-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner 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 B.A. No. 1337/2009 -:2:- shall release the petitioner on bail on the petitioner 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 petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. If the petitioner commits 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 23rd day of March, 2009. V.RAMKUMAR, JUDGE rv