IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Bail Appl..No. 4732 of 2010(F) ----------------------------------------- (CRIME NO.183/2010 OF KOODAL POLICE STATION, PATHANAMTHITTA) ............ PETITIONER: ------------------- UDAYAKUMAR, S/O.HARIDAS, MANAGER, M/S.IMTHIAZ INTERNATIONAL, KTM COMPLEX, CHANGANASSERY, KOTTAYAM. BY ADVS. SRI.PRAMOD KOCHUTHOMMEN.E, SRI. U.R. HARSHAKUMAR. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4732 of 2010 ------------------------------------------------- Dated this the 10th day of August, 2010 ORDER The petitioner seeks anticipatory bail on the allegation that the Koodal Police are at his heels in connection with Crime No.183/2010 registered for an offence punishable under Section 420 I.P.C. 2. The learned Public Prosecutor opposed the application submitting that the petitioner has not yet been arrayed as an accused in the above crime and that the petitioner is to be interrogated by the police. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner 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 petitioner shall surrender before the investigating officer on 19/08/2010 or on 20/08/2010 for B.A.No.4732/2010 : 2 : the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner is an accused in the above crime and he has been interrogated by the police, the Magistrate shall release the petitioner on bail on the petitioner 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 petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. B.A.No.4732/2010 : 3 : 5. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj