IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Bail Appl..No. 7686 of 2010() ---------------------------------------- CMP.12642/2010 of J.M.F.C.,IRINJALAKUDA. CRIME NO. NOT REGISTERED. .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- ASHOKAN, S/O. RAMAN, MANNAMPARAMBIL HOUSE, ANNALLUR DESOM, KIZHAKKE CHALAKUDY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... B.A. No. 7686 of 2010 .......................................... Dated this the 2nd day of December, 2010. ORDER Petitioner, who is the first accused in C.M.P.No.12643/2010 of the Judicial First Class Magistrate Court, Irinjalakuda for offences punishable under Sections 120-B, 417 and 420 read with 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 13.12.2010 or on 14.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioner shall be produced before the Magistrate concerned who on being convinced that the B.A.No.7680 /2010 -:2:- petitioner has been interrogated by the police, shall release the petitioner on bail on the petitioner 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:- 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. V.RAMKUMAR, JUDGE. ln