IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Bail Appl..No. 6942 of 2010() --------------------------------------- ( CRIME NO.1174/2010 OF IRAVIPURAM POLICE STATION,KOLLAM DT) ------------------ PETITIONERS/ACCUSED NO.1 TO 4 -------------------------------------------------- 1. MOHAMMED ILYAS, AGED 33, S/O.MOHAMMED HANEEFA, NJARANAZHIKATH PADINJATTATHIL, PANTHRANDUMURI, NEMBANA, THATTAMALA, KOLLAM. 2. HAMSATHUBEEVI, W/O.MOHAMMED HANEEFA, NJARANAZHIKATH PADINJATTATHIL, PANTHRANDUMURI, NEMBANA, THATTAMALA, KOLLAM. 3. SALEENA, D/O.HAMSATHUBEEVI, NJARANAZHIKATH PADINJATTATHIL, PANTHRANDUMURI, NEMBANA, THATTAMALA, KOLLAM. 4. RAHEEM, NJARANAZHIKATH PADINJATTATHIL, PANTHRANDUMURI, NEMBANA, THATTAMALA, KOLLAM. BY ADV. SRI.S.S.RAJESH RESPONDENT(S): COMPLAINANT ------------------------------------------------ THE STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, IRAVIPURAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6942 of 2010 ------------------------------------------------ Dated this the 4th day of November, 2010 ORDER The petitioners, who are accused Nos.1 to 4 in Crime No.1174 of 2010 of Iravipuram Police Station for offences punishable under Sections 313, 498-A & 511 of 376 read with Section 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 15/11/2010 or on 16/11/2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners on bail on each of them Bail Appln.No.6942/2010 : 2 : executing a bond for `15,000/- (Rupees fifteen 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. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 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 skj