IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Bail Appl..No. 5895 of 2010() ------------------------------------------- CRMP.1708/2010 of DISTRICT COURT, KALPETTA CRIME NO.213/2010 OF KENICHIRA POLICE STATION .................... PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. GIREESH, S/O.PEETHAMBARAN, KELAKKERIYIL HOUSE, AGED 32 YEARS, CHEEYAMBAM P.O., SULTHAN BATHERY TALUK, WAYANADU. 2. KUTTAN @ BINEESH, S/O.PEETHAMBARAN, AGED 25 YEARS,KELAKKERIYIL HOUSE, CHEEYAMBAM P.O., SULTHAN BATHERY TALUK, WAYANADU. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT(S): COMPLAINANT --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KENICHIRA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5895 of 2010 ------------------------------------------------ Dated this the 30th day of September, 2010 ORDER The petitioners, who are accused Nos.1 & 2 in Crime No.213 of 2010 of Kenichira Police Station for offences punishable under Sections 447, 452, 506(ii) & 324 read with Section 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 14/10/2010 or on 15/10/2010 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 Bail Appln.No.5895/2010 : 2 : 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:- 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. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 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 skj