IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1447 of 2009() ----------------------------- CRIME NO. 221 OF 2009 OF KOTHAMANGALAM POLICE STATION PETITIONERS/A1 TO 4 --------------------- 1. RINIL KURIAKOSE, AGED 23, S/O.KURIAKOSE, NELLIKKAKUDY HOUSE, KOTTIYOOR VILLAGE, AMBAYATHODU P.O., KANNUR. 2. GANESH BABU, AGED 23, S/O.SIVADASAN, PRASAD HOUSE, SOUTH BAZAR P.O., KANNUR - 11. 3. ARUN.S., AGED 23, S/O.SREEVALSAN, SREEVALSAM HOUSE, MUTTOM P.O., HARIPPAD, CHEPPAD VILLAGE, ALAPPUZHA. 4. RENJITH N., AGED 23, S/O.MURALEEDHARAN, CHAITHRAM HOUSE, CHELAVOOR VILLAGE, MAYANADU P.O., NEAR MEDICAL COLLEGE, KOZHIKODE. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, (CRIME 221/09) KOTHAMANGALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 1447 of 2009 .......................................... Dated: 25-03-2009 ORDER Petitioners who are accused Nos. 1 to 4 in Crime No. 221 OF 2009 of Kothamangalam Police Station for offences punishable under Sections 294 (b), 341, 323, 324 and 326 read with Sec. 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 petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on any day between 28-3-2009 and 1-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall release the petitioner on bail on the petitioner 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. 1447 of 2009 -:2:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This petition is disposed of as above. Dated this the 25th day of March 2009. V.RAMKUMAR, JUDGE ani