IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Bail Appl..No. 4262 of 2010() ----------------------------- CRIME NO.749/2010 OF KADAKKAL POLICE STATION --------------------------------- PETITIONERS/ACCUSED 1,3,6,7,11 & 12 ------------------------------------------------------- 1. RAFI, S/O. ABADUL RASHEED, NELLIVILAKATHU HOUSE, VAZHAPPANA, MANKODE.P.O. MANKODE, CHITHARA-691559. 2. JASEER KHAN, S/O. THAJUDEEN, CHARUVILA HOUSE, KALLUVETTANKUDI, MANKODE.P.O., CHITHARA- PIN-691559. 3. SIDDIQUE, S/O. JAMAL MUHAMMED, ZIYAD MANZIL, KULATHARA, CHITHARA.P.O., MANKODE VILLAGE, CHITHARA-691559. 4. RIYAD, S/O. SIRAJUDHEEN, KOMBUMELETHIL VEEDU, KONDOTTY, KUMMIL.P.O., KUMMIL VILLAGE, KADAKKAL PANCHAYATH PIN-691536. 5. SAJU, S/O. THAJUDEEN, SAJEENA MANZIL, KALLUVETTANKUDI, MANKODE, CHITHARA-691559. 6. MOHAMMED NAVAS, S/O. SHAHUL HAMEED FUNDARIKATH VEEDU, KOCHILUMOODU, KANCHINADA.P.O., PANGODE VILLAGE-695609. BY ADV. SRI.SAJU.S.A RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTORMR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COREM UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.4262 of 2010 .......................................... Dated: 2nd day of August, 2010 ORDER Petitioners who are accused Nos.1, 3, 6, 7, 11 and 12 in Crime No.749/2010 of Kadakkal Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with 149 IPC and 27 of Arms Act, 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 12.08.10 or on 13.08.10 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 the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of the petitioners 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 B.A.No.4262 /2010 -:2:- 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. V.RAMKUMAR, JUDGE dmb