IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Bail Appl..No. 7113 of 2010() ----------------------------- (CRIME NO.801/2010 OF PERAMANGALAM POLICE STATION) PETITIONERS/ACCUSED --------------------------------------- 1. SUJITH.V.S, AGED 28 YEARS, S/O.SUKUMARAN, OOTTUMADATHIL HOUSE, PATTIKKARA DESOM, CHIRANELLOOR P.O., THRISSUR DISTRICT-680 501. 2. RAJESH.K.R., S/O.RADHAKRISHNAN, AGED 27, KODATHOOR HOUSE, PATTIKKARA DESOM, CHIRANALLOOR P.O., THRISSUR DISTRICT-680 501. 3. ABDUL REHIMAN, S/O.VAPPU, AGED 35, KARUPPAMVEETTIL HOUSE, CHIRANALLOOR P.O., PATTIKKARA DESOM, THRISSUR DISTRICT-680 501. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERAMANGALAM POLICE STATION, PERAMANGALAM, THRISSUR DIST. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7113 of 2010 ------------------------------------------------ Dated this the 11th day of November, 2010 ORDER The petitioners who claim to be accused Nos.1 to 3 in Crime No.801 of 2010 of Peramangalam Police Station for offences punishable under Sections 323, 353 & 427 read with Section 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. He submitted that while petitioners 1 and 2 are A1 and A2 respectively, the 3rd petitioner has not been arrayed as an accused yet. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit petitioners 1 and 2 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 1 and 2 shall surrender before the investigating officer on 22/11/2010 or on 23/11/2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners 1 and 2 shall be produced before the Magistrate concerned Bail Appln.No.7113/2010 : 2 : who on being convinced that the said petitioners have been interrogated by the police, shall release petitioners 1 and 2 on bail on each of them executing a bond for `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 1 and 2 (A1 and A2) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners 1 and 2 shall deposit before the Magistrate a sum of `3,120/- (Rupees Three thousand one hundred and twenty only) being the loss sustained by the Kaipparambu out let of Beverages Corporation. 3. Petitioners 1 and 2 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 4. Petitioners 1 and 2 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. Bail Appln.No.7113/2010 : 3 : 5. Petitioners 1 and 2 shall not commit any offence while on bail. 6. If petitioners 1 and 2 commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. The request for anticipatory bail by the 3rd petitioner is rejected. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj