IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Bail Appl..No. 4501 of 2010() --------------------------------------- CRIME NO.719/2010 OF ANCHALAMMOOD POLICE STATION, KOLLAM DIST. ......... PETITIONERS/ACCUSED NOS.1 TO 8 --------------------------------------------------------- 1. ASHIQUE, 22 YEARS, KALLUVILA VADAKKATHIL CHITTAYAM, PERINAD. 2. HASHIM, 19 YEARS, KALLUVILA VADAKKATHIL CHITTAYAM, PERINAD. 3. SAMSON, 24 YEARS, KATTUVILA PUTHENVEEDU, CHITTAYAM, PERINAD. 4. PRAJEESH, 23 YEARS, KOCHUVILA PUTHENVEEDU, CHITTAYAM, PERINAD. 5. AJI, 23 YEARS, KODIYIL PUTHENVEEDU, CHITTAYAM, PERINAD. 6. UNNI, 30 YEARS, LAKSHAM VEEDU - 14, CHITTAYAM, PERINAD. 7. SASI, 56 YEARS, KOCHUVILA PUTHENVEEDU, CHITTAYAM, PERINAD. 8. PRASANTH, 26 YEARS, KOCHUVILA PUTHENVEEDU, CHITTAYAM, PERINAD. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== B.A. No. 4501 of 2010 ====================== Dated: 06 -08-2010 ORDER Petitioners, who are accused Nos. 1 to 8 in Crime No. 719 of 2010 of Anchalummoodu Police Station for offences punishable under Sections 143, 147, 148, 294 (b)_, 323, 447, 427 and 308 read with Sec. 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 Ist petitioner (A1) to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the Ist petitioner (A1) shall surrender before the investigating officer on 18-08-2010 or 19-08-2010 for the purpose of interrogation and recovery of incriminating material, if any. The Ist petitioner shall thereafter appear before the Magistrate who on being satisfied that the Ist petitioner has been interrogated by the Police, shall consider and dispose of his application for regular bail on merits preferably on the same date on which it is filed. B.A. No. 4501 of 2010 -:2:- 4. In the case of the petitioners 2 to 8 (A2 to A8) , I am inclined to permit them to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail favourably considered by the Magistrate having jurisdiction. Accordingly, A2 to A8 shall surrender before the investigating officer on 18.08.2010 or on 19-08-2010 for the purpose of interrogation and recovery of incriminating material, if any. Petitioners 2 to 8 shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the said petitioners (A2 to A8) have been interrogated by the police, the Magistrate shall release them 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 2 to 8 (A2 to A8) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The said petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The said petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. B.A. No. 4501 of 2010 -:3:- 4. The said petitioners shall not commit any offence while on bail. 5. If petitioners 2 to 8 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 August, 2010. V.RAMKUMAR, JUDGE ani/