IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Bail Appl..No. 5889 of 2010() ----------------------------- (CRIME NO.480/2010 OF VARAPUZHA POLICE STATION) AGAINST THE JUDGEMENT/ORDER IN BA.5472/2010 .................... PETITIONERS:ACCUSED 2 & 3: -------------------- 1. ALSTID ROCHA, AGED 23 YEARS, S/O.BASIL JOSEPH ROCHA,KARICHERY HOUSE, VARAPUZHA, ERNAKULAM. 2. ANTONY THANISH,AGED 22 YEARS, S/O.VINCENT M.P. MARAPARAMBIL HOUSE, VARAPUZHA PO,ERNAKULAM. BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.V.BALAKRISHNAN RESPONDENT:STATE & COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE VARAPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5889 of 2010 ------------------------------------------------ Dated this the 30th day of September, 2010 ORDER The petitioners, who are accused Nos.2 & 3 in Crime No.480 of 2010 of Varappuzha Police Station for offences punishable under Sections 341, 323, 326 & 308 read with Section 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor submitted that A2 (first petitioner) is involved in another crime whereas A3 (second petitioner) is not involved in any other crime. 3. Considering the fact that on account of the overt acts of A1 one of the two injured sustained a fracture of the forehead on the left side and A2 who was in his company is involved in yet another crime, I am not inclined to grant anticipatory bail to the first petitioner (A2). I am however inclined to permit him to surrender before the Investigating Officer for the purpose of interrogation and then to seek regular bail. Accordingly, the first petitioner (A2) shall surrender before the investigating officer on Bail Appln.No.5889/2010 : 2 : 14/10/2010 or on 15/10/2010 for the purpose of interrogation and recovery of incriminating material, if any. He shall thereafter be produced before the Magistrate concerned who shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. 4. In the case of the second petitioner (A3) since no overt acts have been attributed to him I am inclined to direct his release on bail after interrogation. Accordingly, the second petitioner (A3) shall surrender before the investigating officer on 14/10/2010 or on 15/10/2010 for interrogation and recovery of incriminating material if any. He shall thereafter be produced before the Magistrate concerned who shall release A3 on bail on his 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 second petitioner (A3) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. Bail Appln.No.5889/2010 : 3 : 2. The second petitioner (A3) shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The second petitioner (A3) shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The second petitioner (A3) shall not commit any offence while on bail. 5. If the second petitioner (A3) 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 skj