IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Bail Appl..No. 1707 of 2009() ----------------------------- CRIME NO. 193/2009 OF HOSDURG POLICE STATON PETITIONER (S): ACCUSED 1 TO 6: ----------------------------------- 1. A.G.BINOY, S/O.GOPALAN, KOTHIKKAL HOUSE, AJANUR VILLAGE. 2. ROOPESH, S/O.RAMESHAN, KOLAVAYAL, KOTHIKKAL, AJANUR VILLAGE. 3. BALU, S/O.JANARDHANAN, AJANUR KADAPPURAM, AJANUR VILLAGE. 4. T.P.SUDHI, S/O.HARIDAS, KOTHIKKAL HOUSE, AJANUR VILLAGE. 5. ANEESH, S/O.MANOHARAN, AJANUR KADAPPURAM, AJANUR VILLAGE. 6. C.K.RATHEESH, S/O.BHASKARAN, BEHIND KURUMBA BAGAVATHI CLUB, KIOLAVAYAL. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1707 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of April, 2009 O R D E R Petitioners who are accused Nos.1 to 6 in Crime No.193/2009 of Hosdurg Police Station for offences punishable under Sections 143, 147, 148,341, 323, 342, 308 read with section 149 IPC, seeks 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 any day between 13-4--2009 and 15-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall release the petitioners on bail on their executing a bond for Rs. 25,000/- each (Rupees BA 1707/09 -2- 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 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. mn.