IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1378 of 2010(V) ------------------------------ CRIME NO. 42/2010 of CUMBUMMETTU POLICE STATION, IDUKKI APPLICANTS/ACCUSED NO.1 TO 5:- ---------------------------------------- 1. VINOD, AGED 30 YEARS, S/O.SASIDHARAN, ARYAMKULATHU HOUSE, KARUNAPURAM P.O THANNIPPARA KARA, UDUMBANCHOLA TALUK 2. ULLAS, AGED 27 YEARS, S/O.MANI, URAMMALAYIL HOUSE, KARUNAPURAM P.O THANNIPPARA KARA, UDUMBANCHOLA TALUK 3. SABU, AGED 38 YEAS, S/O.THANKAPPAN, URAMMALAYIL HOUSE, KARUNAPURAM P.O THANNIPPARA KARA, UDUMBANCHOLA TALUK 4. SUNIL, AGED 25 YEARS, S/O.THANKAPPAN, URAMMALAYIL HOUSE, KARUNAPURAM P.O THANNIPPARA KARA, UDUMBANCHOLA TALUK 5. VIJAYAN, AGED 38 YEARS, S/O.RADHAKRISHNAN, ATHIRUVELIL HOUSE, KARUNAPURAM P.O THANNIPPARA KARA, UDUMBANCHOLA TALUK BY ADV. MR. P.VIJAYA BHANU MR. VIPIN NARAYAN RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM REPRESENTING THE STATION HOUSE OFFICER, CUMBUMMETTU POLICE STATION. ADV. MR. C.M. NAZER, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No. 1378 of 2010 .......................................... Dated this the 30th day of March, 2010. ORDER Petitioners who are accused Nos.1 to 5 in Crime No. 42 of 2010 of Cumbummettu Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 427, 506(ii) and 452 r/w Section 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 12-04-2010 or 13-04-2010 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 B.A. No. 1378/2010 -:2:- the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of them 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:- 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. Dated this the 30th day of March, 2010. V.RAMKUMAR, JUDGE. rv