IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 5434 of 2010() ---------------------------------------- CRIME NO.956/2010 OF PATHANAPURAM POLICE STATION, KOLLAM DIST. .... PETITIONERS/ACCUSED 1 TO 4 ---------------------------------------------- 1. VINOD,S/O.VISWANATHAN, VINOD BHAVAN,KOTTAVATTOM,KOLLAM DISTRICT. 2. JAYAN @ JAYACHANDRAN,S/O.JANARDHANAN, JAYA BHAVAN,KARAVALOOR,KOLLAM DISTRICT. 3. SUMA,D/O.RAJAMMA,SUMALAYAM, KARAVALOOR,KOLLAM DISTRICT. 4. SIBY,S/O.SAHADEVN,SIBY BHAVAN, KOTTAVATTOM,KOLLAM DISTRICT. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA(CRIME NO.956/2010), S.I.OF POLICE,PATHANAPURAM POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5434 of 2010 ------------------------------------------------ Dated this the 14th day of September, 2010 ORDER The petitioners, who are accused Nos.1 to 4 in Crime No.956/2010 of Pathanapuram Police Station for offences punishable under Sections 452, 294(b), 323 & 354 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 24/9/2010 or on 25/9/2010 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 Bail Appln.No.5434/2010 : 2 : 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:- 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