IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1479 of 2010() --------------------------------------------- CRIME NO.83/2010 OF PARIYARAM MEDICAL COLLEGE POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. MOHAMMED ALI K.K., S/O.ABDULLA, AGED 36 YEARS, K.K.HOUSE, ONAPARAMBA, P.O.KOTTILA, (VIA) EZHOME (VIA). 2. MUSTHAFA.M., S/O.MUHAMMED, AGED 25 YEARS MADATHILE HOUSE, ONAPARAMBA, P.O.KOTTILA, (VIA) EZHOME. 3. MOOSA, S/O.ALI, PALAKODEN HOUSE, ONAPARAMBA P.O., KOTTILA, (VIA) EZHOME. 4. SAIF, S/O.KARIM MASTER, AGED 24, KEERANTAKATH, ONAPARAMBA, P.O.KOTTILA, EZHOME. 5. K.K.HASHIM, S/O.MAHMOOD, AGED 22 YEARS, K.K.HOUSE, ONAPARAMBA, P.O.KOTTILA. 6. ANAS P.A., S/O.ABDULLA, AGED 22 YEARS, PULUKOOL AZHARI, VALAPPIL KORANPEEDIKA, P.O.PARIYARAM. 7. BASHEER.P., S/O.MUHAMMED KUNHI, AGED 24 YEARS, PULUKOOL HOUSE, ONAPRAMBA, KOTTILA P.O., (VIA) EZHOME. B.A.NO.1479/2010 2 8. MUHAMMED KADPPES, S/O.ABUBACKER, AGED 32 YEARS, PALAKODEN PEEDIKAYIL, ONAPARAMBA, KOTTILA P.O., EZHOME. 9. PALAKODEN SHAMSEER, S/O.ABDULLA, AGED 26 YEARS, ONAPARAMBA, P.O.KOTTILA, EZHOME (VIA). BY ADV. SRI.P.M.HABEEB RESPONDENT(S): -------------------------- STATE OF KERALA, REP.BY STATION HOUSE OFFICER, PARIYARAM MEDICAL COLLEGE POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.1479 of 2010 .......................................... Dated: 05.04.2010 ORDER Petitioners who are accused Nos..2,3 and 9 to 15 in Crime No. 83/2010 of Pariyaram Medical College Police Station for offences punishable under Sections 143,147,148,341,323,324,448,427 and 308 read with 149 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 petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on 19.04.2010 or on 20.04.10 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of the petitioners 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. 1479 /2010 -:2:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj