IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Bail Appl..No. 7039 of 2010() --------------------------------------- ( CRIME NO. 831/2010 OF NEDUMBASSERY POLICE STATION) --------------- PETITIONERS/ACCUSED NOS.1 TO 3: ----------------------------------------------------- 1. A.V.PUNNOOSE, S/O.A.V.VARKEY, AGED 47 YEARS, ATHICKAKUZHY HOUSE, NEDUMBASSERY, ATHANI P.O. 2. P.P.JOHN, AGED 62 YEARS, PERINGATTU HOUSE, PAZHAMTHOTTAM P.O. 3. ALICE JOHN, W/O.P.P.JOHN, AGED 58 YEARS, PERINGATTU HOUSE, PAZHAMTHOTTAM P.O. BY ADVS. SRI.PHILIP T.VARGHESE SRI. THOMAS T. VARGHESE SRI. SHUBHA ABRAHAM SMT. ASWATHY RESPONDENT(S): ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI. C.S. HRITHIWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ......................................... B.A. No.7039 of 2010 .......................................... Dated this the 24 th day of November, 2010. ORDER Petitioners who are accused Nos.1 to 3 in Crime No. 831 of 2010 of Nedumbassery Police Station for offences punishable under Sections 420, 468 and 471 r/w 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 03.12.2010 or on 04.12.2010 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 B.A. No. 7039/2010 : 2 : the police, shall 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. 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 commits 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 24th day of November, 2010. V.RAMKUMAR, JUDGE rv