IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Bail Appl..No. 7226 of 2010() -------------------------- CRIME NO. 2988/2010 OF ALUVA EAST POLICE STATION, ERNAKULAM ........................................ PETITIONER / 2ND, 3RD AND 4TH ACCUSED : --------------------------------------------------------------- 1. MOHANAN,AGED 57 YEARS, S/O.THANKAPPAN, R/AT PUTHEEKAL HOUSE, KOTHAMANGALAM VILLAGE, RAMALLOOR KARA. 2. USHA MOHANAN, AGED 52 YEARS, W/O.MOHANAN, R/AT PUTHEEKAL HOUSE, KOTHAMANGALAM VILLAGE, RAMALLOOR KARA. 3. SMITHA, AGE4D 36 YEARS, W/O.RAJESH, MANIKKUNNEL HOUSE, KANJIRAMATTOM, THODUPUZHA EAST P.O. BY ADVS. SRI.PEEYUS A. KOTTAM SRI.JEFF JOSEPH RESPONDENT / STATE AND DEFACTO COMPLAINANT : ------------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION (INVESTIGATING OFFICER IN CRIME NO.2988/2010) REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN 682 031. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7226 of 2010 ------------------------------------------------ Dated this the 12th day of November, 2010 ORDER The petitioners, who are accused Nos.2 to 4 in Crime No.2988 of 2010 of Aluva East Police Station for an offence punishable under Section 498-A 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 petitioner 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 23/11/2010 or on 24/11/2010 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 them executing a bond for `15,000/- (Rupees fifteen thousand only) Bail Appln.No.7226/2010 : 2 : 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. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 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 skj