IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Bail Appl..No. 1191 of 2010() ----------------------------- CR. NO. 177/2010 of TIRUR POLICE STATION, MALAPPURAM PETITIONERS:- ------------------ 1. JAMSHEER A.P., AGED 22 YEARS, S/O. AVARAN, AMPLALAPPARAMBIL HOUSE, P.O. BP ANGADY, MALAPPURAM. 2. JASIR AGED 23 YEARS, S/O. ALIKUTTY, KALATHI HOUSE, P.O. BP ANGADY, MALAPPURAM. 3. JAFAR P, AGED 23 YEARS, S/O. ABOOBACKER, PUZHAKKATTIL HOUSE, P.O BP ANGADY,MALAPPURAM. 4. GAFOOR P, AGED 24 YEARS, S/O.NAZEER, PERUNGALAKKADAN HOUSE, P.O BP ANGADY,MALAPPURAM. 5. ASIF PP, AGED 19 YERAS, S/O. MOHD ALI, PERUNGALAKADAN HOUSE, P.O BP ANGADY,MALAPPURAM. 6. FIYAD K.V, AGED 20 YEARS, S/O.ABDULLA KUTTY, KULANGARA VEETTIL, P.O BP ANGADY,MALAPPURAM. BY ADV. MR. C.V.MANUVILSAN MR. P.G.SURESH MS. K.VIDYA MR. M.R.VIBIN B.A. NO. 1191/2010 : 2 : RESPONDENT:- --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, THROUGH PUBLIC PROSECUTOR OF HIGH COURT OF KERALA.ERNAKULAM. ADV. MR. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No. 1191 of 2010 .......................................... Dated this the 6th day of April, 2010. ORDER Petitioners who are accused Nos. 1 to 6 in Cr. No. 177 of 2010 of Tirur Police Station, Malappuram for offences punishable under Sections 143, 147, 148, 341, 324 and 308 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 petitioners 1 to 3 and 6 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. Since petitioners 4 and 5 are not accused in the said crime at present, their request for anticipatory bail is rejected. Accordingly, petitioners 1 to 3 and 6 shall surrender before the investigating officer on 16-04-2010 or 17-04-2010 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 1 to 3 and 6 shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that petitioners 1 to 3 and 6 have been B.A. No. 1191/2010 -:2:- interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release petitioners 1 to 3 and 6 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. Petitioners 1 to 3 and 6 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners 1 to 3 and 6 shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners 1 to 3 and 6 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners 1 to 3 and 6 shall not commit any offence while on bail. 5. If petitioners 1 to 3 and 6 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 6th day of April, 2010. V.RAMKUMAR, JUDGE. rv