IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Bail Appl..No. 5313 of 2010() ------------------------------------------ CRIME NO.262/10 OF CHELAKKARA POLICE STATION .................................... PETITIONER (S): APPLICANTS/ACCUSED NO.1 TO 6 -------------------------------------------------------------------------------- 1. UMA, AGED 41 YEARS, W/O.RAGHUNANDANAN, CHEYIKAL HOUSE, CHERUTHURUTHI P.O., THRISSUR. 2. USHA, AGED 45 YEARS, W/O.SUKUMARAN, KALOTH HOUSE, VENGALOOR P.O., THRISSUR. 3. URMILA, AGED 37 YEARS, W/O.RAJITH KUMAR, KALOTH HOUSE, VENGALOOR P.O., THRISSUR. 4. SAJIKUMAR, AGED 38 YEARS, S/O.T.PADMANABHAN NAIR, KALOTH HOUSE, VENGALOOR P.O., THRISSUR. 5. MANIKANDAN, AGED 48 YEARS, S/O.T.PADMANABHAN NAIR, KALOTH HOUSE, VENGALOOR P.O., THRISSUR. 6. RAGHUNANDANAN, AGED 49 YEARS, S/O.PADMANABHAN, CHEYIKAL HOUSE, CHERUTHURUTHI P.O., THRISSUR. BY ADV. SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, CHELAKARA POLICE STATION. PUBLIC PROSECUTOR MR. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SOU. V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - Bail Application No. 5313 of 2010 - - - - - - - - - - - - - ---- --- - - - - - - - Dated this the 8th day of September, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioners who are the accused Nos. 1 to 6 in Crime No.262/2010 of Chelakara Police Station for an offence punishable under Sec. 420, 463, 464 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioners and the other circumstances of the case, I am inclined to grant anticipatory bail to petitioners 1 to 3. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioners 1 to 3 on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: B.A. No.5313/10 2 1. Petitioners 1 to 3 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners 1 to 3 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners 1 to 3 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners 1 to 3 shall not commit any offence while on bail. 5. Petitioners 1 to 3 shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. 4. If petitioners 1 to 3 commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. 5. Anticipatory bail cannot be granted to petitioners 4 to 6 in a case of this nature. But at the same time, I am inclined to permit the said 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, petitioners 4 to 6 shall surrender before the investigating officer on 27.09.2010 28.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 4 to 6 shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the said petitioners have been interrogated B.A. No.5313/10 3 by the police, the Magistrate shall preferably on the same date on which the application is filed, release the said petitioners on bail on each of the 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. Petitioners 4 to 6 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners 4 to 6 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners 4 to 6 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners 4 to 6 shall not commit any offence while on bail. 5. If the said petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is partly allowed as above. Dated this the 8th day of September, 2010 V.RAMKUMAR, JUDGE. Sou.