IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Bail Appl..No. 5934 of 2010() -------------------------------------- CRIME NO.577/2010 OF IRITTY POLICE STATION., KANNUR DISTRICT .................... PETITIONER/ ACCUSED NO.2 ---------------------------------------------- P.FAISAL, AGED 40 YEARS, S/O.MAMMOO HAJI, PARAYIL HOUSE, KAVUMPADY, THILLANKERI, KANNUR DISTRICT. BY ADVS. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH MANAVALAN RESPONDENT(S): ---------------------- 1. STATE OF KERALA SUB INSPECTOR OF POLICE, IRITTY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. 2. THE STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5934 of 2010 ------------------------------------------------ Dated this the 30th day of September, 2010 ORDER The petitioner, who is. accused No.2 in Crime No.577 of 2010 of Iritty Police Station for offences punishable under Sections 143, 147, 148, 324, 447, 427 & 308 read with Section 149 I.P.C., 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 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 14/10/2010 or on 15/10/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner has been Bail Appln.No.5934/2010 : 2 : interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioner on bail on his executing a bond for Rs.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 petitioner shall report before the Investigating Officer between 9 am and 11 am on all Wednesdays. 2. The petitioner shall not enter the limits of Iritty Police Station until further orders to be passed by the committal Magistrate or the Sessions Court as the case may be. 3. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The petitioner shall not commit any offence while on bail. Bail Appln.No.5934/2010 : 3 : 6. 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