IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 785 of 2010() ---------------------------- [ CRIME NO. 378/2009 OF IRITTY POLICE STATION ] PETITIONERS/ACCUSED ---------------------------------- 1. SUBHILASH, S/O.BALAKRISHNAN, AANJOLI HOUSE, PAYAM AMSOM KOLIKKADAVU DESOM, KANNUR. 2. SHAJU RAJAN, S/O.RAJAN, PALLITHAZHE HOUSE, PAYAM AMSOM KANNUR DISTRICT. 3. RAJESH K.R., S/O.RAJAN, KAYANATTU VEEDU, PAYAM P.O. KANNUR DISTRICT. 4. SHAJI M.G, S/O.GOPALAN, KURIKKATHODI HOUSE, PAYAM P.O. KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, IRITTY POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PKK V. RAMKUMAR, J. ......................................... B.A. No. 785 of 2010 .......................................... Dated this the 25th day of March, 2010. ORDER Petitioners who are accused No. 1 to 4 in Crime No. 378 of 2009 of Iritty Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 326 r/w Section 149 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 07-04-2010 or 08-04-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners have been interrogated by B.A. No. 785/2010 -:2:- the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of them executing a bond for Rs. 25,000/- (Rupees twenty five 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 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 25th day of March, 2010. V.RAMKUMAR, JUDGE. rv