IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 Bail Appl..No. 4598 of 2010() ----------------------------- CRMP.2204/2010 of SESSIONS COURT, PALAKKAD .................... PETITIONERS:ACCUSED: -------------------------------------- 1. YEGNESWARAN @ RAMESH S/O.N.M. CHANDRASEKHARAN, AGED 47 YEARS, XIV/369, SWETHA NIVAS, ADHIKESAVAPURAM, KODUNTHIRAPPULLY, PALAKKAD DISTRICT. 2. PONNUMANI AMMAL, W/O. LATE KRISHNAN, AGED 67 YEARS, XIV/369, SWETHA NIVAS, ADHIKESAVAPURAM,KODUNTHIRAPPULLY, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP BY SUB INSEPCTOR OF POLICE, PALAKKAD TOWN NORTH POLICE STATION (CRIME NO.428/2010) PALAKKAD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4598 of 2010 ------------------------------------------------- Dated this the 4th day of August, 2010 ORDER Petitioners, who are accused in Crime No.428/2010 of Palakkad Town North Police Station for offences punishable under Sections 406 & 420 read with Section 34 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 first 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 first petitioner shall surrender before the investigating officer on 16/08/2010 or on 17/08/2010 for the purpose of interrogation and recovery of incriminating material, if any. The first petitioner shall thereafter appear before the Magistrate who on being satisfied that the first petitioner has been interrogated B.A.No.4598/2010 : 2 : by the Police, shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. 4. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the second petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have her application for bail considered by the Magistrate having jurisdiction. Accordingly, the second petitioner shall surrender before the investigating officer on 16.08.2010 or on 17.08.2010 for the purpose of interrogation and recovery of incriminating material, if any. The second petitioner shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the second petitioner has been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the second petitioner on bail on the second 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:- B.A.No.4598/2010 : 3 : 1. The second petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The second petitioner shall make herself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The second petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 4. The second petitioner shall not commit any offence while on bail. 5. If the second petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj