IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Bail Appl..No. 1758 of 2009() ----------------------------- CRMP.397/2009 of DISTRICT COURT, PATHANAMTHITTA CRIME NO. 83/2009 OF ARANMULA POLICE STATION PETITIONER (S): ACCUSED 1 TO 4 ---------------------------------- 1. KANNAN, S/O. SURAN, CHIRAYIL VEEDU, THEKKEMALA, ARANMULA VILLAGE. 2. DILEEP, S/O. KANMANI, AKATHUKULATHU HOUSE, THEKKEMALA, ARANKULA VILLAGE. 3. KOCHUMON, S/O. KRISHNAN KUTTY, AKATHUKULATHU HOUSE, THEMMEMALA, ARANMULA VILLAGE. 4. DEVARAJAN, S/O. SASI, AKATHUKULATHU HOUSE, THEKKEMALA, ARANKULA VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1758 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of April, 2009 O R D E R Petitioners who are accused Nos. 1 to 4 in Crime No. 83/2009 of Aranmula Police Station for offences punishable under Sections 323, 324, 427, 452 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 any day between 15-4-2009 and 16-4- 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 the petitioners on bail on the petitioners executing a bond for Rs. 25,000/- each BA 1758/09 -2- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned 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 he 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 him shall be liable to be cancelled. This petition is disposed of as above. V. RAMKUMAR, JUDGE. mn.