IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 4169 of 2009() ----------------------- CRIME NO. 226 OF 2007 OF TOWN POLICE STATION, KANNUR KANNUR DISTRICT PETITIONER/ACCUSED NO.3 ---------------------- RAJITHA PRASAD,W/O.A.M.PRASAD,RESIDING AT GURUSHAKTHI,20/1246 A,PANNIYANKARA,P.O.KALLAI, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, TOWN POLICE STATION,KANNUR, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 4169 of 2009 .......................................... Dated: 22-03-2010 ORDER Petitioner who is the 3rd accused in Crime No. 226 of 2007 of Town Police Station, Kannur for offences punishable under Sections 405, 409, 420 read with Sec. 34 I.P.C. seeks 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 26-3-2010 or 27-3- 2010 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:- Bail A.No. 4169 of 2009 -:2:- 1. The petitioner shall make herself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 2. Petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 3. Petitioner shall not commit any offence while on bail. 4. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This petition is disposed of as above. Dated this the 22nd day of March, 2010. V.RAMKUMAR, JUDGE ani