IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Bail Appl..No. 574 of 2009() ---------------------------- CRIME NO. 23/2009 OF BAKEL POLICE STATION PETITIONER (S): ACCUSED; ---------------------------- 1. YOUSUF, AGED 20 YEARS, BARA, P.O.UDUMA. 2. ABOOBACKER, AGED 45 YEARS, S/O.ABDUL RAHMAN, BARA, P.O.UDUMA. 3. ABDUL RAHMAN @ ANDUMAYI, AGED 24 YEARS, S/O.ABDULLA, DELI HOUSE, BARA, P.O.UDUMA. 4. SHAMSUDHEEN M.B., AGED 46 YEARS, S/O.ABDUL RAHMAN, N.B.HOUSE, BARA, P.O.UDUMA. 5. FAIZAL, S/O.HANEEFA, AGED 20 YEARS, BARA, P.O.UDUMA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 23/2009 OF BAKEL POLICE STATION). PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 574 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of April, 2009 O R D E R Petitioners who are the accused in Crime No.23/2009 of Bakel Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 read with section 149 IPC, seek anticipatory bail. 2. The learned Public Prosecutor submitted that that no crime has been registered against 2nd petitioner and that he is not wanted in connection with the allegations in the petition. If so, the apprehension of arrest and harassment entertained by the 2nd petitioner is unfounded. His prayer for anticipatory bail is rejected. 3. I am inclined to grant anticipatory bail to petitioners 1, 3, 4 and 5 who are accused Nos. 2 to 5. They are directed 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 1,3,4 and 5 shall surrender before the investigating officer on 15-4-2009 or on 16-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 1, 3, 4, and 5 shall thereafter be produced on BA 574/09 -2- the same day before the Magistrate concerned. On being convinced that the petitioners 1, 3, 4 and 5 have been interrogated by the police, the Magistrate shall release them on bail on their executing a bond for Rs. 25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and subject to the following conditions:- 1) They shall report before the Dy.S.P., Kasaragod between 9 a.m. and 11 a.m. on all Wednesdays. 2) They shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3) They shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4) They shall not enter the limits of the police station within which the crime is registered until further orders. 5) They shall not commit any offence while on bail. If they 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. mn.