IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Bail Appl..No. 7491 of 2010() --------------------------------------- ( CRIME NO. 621/2010 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM DIST) ------------------- PETITIONER/ACCUSED 1 TO 3: --------------------------------------------- 1. NIBOLSON S/O.SILVADIMA, AGED 25 YEARS PUTHVAL PURAYIDAM, TC 71/74 VALLAKKADAVU P.O.,CHERIYATHURA, THIRUVANANTHAPURAM 2. VICTOR,S/O.SILVADIMA, AGED 53 YEARS, PUTHVAL PURAYIDAM, TC 71/74 VALLAKKADAVU P.O.,CHERIYATHURA, THIRUVANANTHAPURAM 3. METTALDA D/O.FLORY AGED 50 YEARS, PUTHVAL PURAYIDAM, TC 71/74 VALLAKKADAVU P.O.,CHERIYATHURA, THIRUVANANTHAPURAM BY ADV. SRI.G.SUDHEER RESPONDENT(S): ------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.C.S. HRITHIWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ......................................... B.A. No.7491 of 2010 .......................................... Dated this the 24 th day of November, 2010. ORDER Petitioners who are accused Nos.1 to 3 in Crime No. 621 of 2010 of Valiyathura Police Station for offences punishable under Sections 420, 451, 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 06.12.2010 or on 07.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners on bail on each of the B.A. No. 7491/2010 : 2: petitioners 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 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 commits 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. Dated this the 24th day of November, 2010. V.RAMKUMAR, JUDGE rv