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. 4679 of 2010() ----------------------------------------- (CRIME NO.1970/2010 OF CENTRAL POLICE STATION,ERNAKULAM DIST.) .................... PETITIONERS: ----------------------- 1. ANUMON.V.S,AGED 23 YEARS, S/O.SASIDHARAN,RESIDING AT VATTAKULAM HOUSE, KANNARA,PEECHI VILLAGE,THRISSUR DISTRICT. 2. THANEESH,AGED 24 YEARS,S/O.PEETHAMBARAN, KOZHIKKATTIL HOUSE,THAYIKKATTUKARA,ALUVA EAST VILLAGE,ERNAKULAM DISTRICT. 3. ARAVIND,AGED 19 YEARS,S/O.SURENDRAN, C.C.44/1465 A,ACSRA LANE 6,ASOKA ROAD,KALOOR, KOCHI-17. 4. BINIL BHASI,AGED 28 YEARS, S/O.BHASI,KOTTARATHIL HOUSE,CHEMPU.P.O, VAIKOM,KOTTAYAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION,HIGH COURT OF KERALA,ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY S.I.OF POLICE,CENTRAL POLICE STATION,ERNAKULAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ......................................... B.A. No.4679 of 2010 .......................................... Dated: 10.08.2010 ORDER Petitioners, who are the accused in Crime No. 1970/2010 of Central Police Station, Ernakulam for an offence punishable under Section 308 read with 34 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 18.08.2010 or on 19.08.10 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 conditions:- B.A.No.4679 /2010 -:2:- 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 sj