IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Bail Appl..No. 1757 of 2009() ----------------------------- CRMP.621/2009 of DISTRICT COURT, KOTTAYAM CRIME NO. 51/2009 OF ETTUMANOOR POLICE STATION PETITIONERS/ACCUSED:- ------------------------------- 1. SUNNY, S/O.JOSEPH, PULLATTUKALAYIL HOUSE SREEKANTAMANGALAM ATHIRAMPUZHA, KOTTAYAM. 2. SHERLY, W/O. SUNNY DO..DO... 3. JOSSY, S/O.JOSEPH, PULLATTUKALAYIL SREEKANTAMANGALAM, ATHIRAMPUZHA, KOTTAYAM. BY ADV. SRI.V.G.ARUN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1757 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of April, 2009 O R D E R Petitioners who are the accused in Crime No.51/2009 of Ettumanoor Police Station for offences punishable under Sections 274B, 452, 354, 323 and 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 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 17-4-2009 or on 18-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall release them on bail on their executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two BA 1757/09 -2- solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:- 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. mn.