IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Bail Appl..No. 4097 of 2010() ---------------------------------------- CRIME NO.772/2010 OF THE KOTTIYAM POLICE STATION, KOLLAM DISTRICT ....... PETITIONRS/ACCUSED -------------------------------------- 1. JAMEEL.S.AGED 34 YEARS, SUJAHUDEEN, J.J.MANZIL, NEDUMPANA P.O., KOLLAM DISTRICT. 2. SUJAHUDEEN, AGED 64 YEARS, J.J.MANZIL, NEDUMPANA P.O., KOLLAM DISTRICT. 3. JALEEL,AGED 36 YEARS,S/O.SUJAHUDEEN, J.J.MANZI, NEDUMPANA P.O., KOLLAM DISTRICT. 4. JABEER,AGED 23 YEARS, S/O.SUJAHUDEEN, J.J.MANZI, NEDUMPANA P.O., KOLLAM DISTRICT. 5. SAINABHA, J.J.MANZI, NEDUMPANA P.O., KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSEPCTOR OF POLICE, KOTTIYAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... Bail Application No. 4097 of 2010 .......................................... Dated: 3rd day of December, 2010 ORDER Petitioners who are the accused in Crime No. 772 of 2010 of Kottiyam Police Station, Kollam District for offences punishable under Sections 323, 406, 420 and 498 A read with Sec. 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 13-12-2010 or on 14-12-2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners on bail on each of the petitioners executing a bond B.A.No. 4097 /2010 -:2:- 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 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. 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. Dated this the 3rd day of December, 2010. V.RAMKUMAR, JUDGE ani