IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Bail Appl..No. 5697 of 2010() ----------------------------- CRIME No.403/2010 of PULIKEEZHU POLICE STATION ----------------- PETITIONERS :- ------------------------ 1. THOMAS VARGHESE,S/O.VARGHESE, VEDANPARAMBIL,PUTHENPURAYIL HOUSE,AMICHAKARI PO, THIRUVALLA, PIN 689 101. 2. ACHAMMA VARGHESE,W/O.VARGHESE, VEDANPARAMBIL,PUTHENPURAYIL HOUSE,AMICHAKARI PO, THIRUVALLA, PIN 689 101. 3. SOSAMMA VARGHESE,W/O.CHACKO UMMEN, AGED 44 YEARS, KADAMALA VEEDU,ERAVIPEROOR POST, THIRUVALLA, PIN 689 101. BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S) :- ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, PULIKEEZHU POLICE STATION, PULIKEEZHU,THIRUVALLA , PIN 689 101. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt V. RAMKUMAR, J. ......................................... B.A. No.5697 of 2010 .......................................... Dated: 23.09.2010 ORDER Petitioners, who are accused Nos. 1 to 3 in Crime No.403/2010 of Pulikeezhu Police Station for an offence punishable under Section 498A 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 04.10.2010 or on 05.10.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the 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:- B.A.No. 5697/2010 -:2:- 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. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. 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 them shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj