IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Bail Appl..No. 7266 of 2010(A) ----------------------------------- (CRIME NO. 222/2010 THIRUNELLY POLICE STATION, THIRUNELLY, WAYANAD DISTRICT) ....... PETITIONER/ACCUSED ---------------------------- SUNIL KUMAR, S/O.SUNDARAN, CHOLANGADI HOUSE, THOLPETTY.P.O., WAYANAD DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): COMPLAINANT STATE ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, THIRUNELLY POLICE STATION, WAYANAD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ V. RAMKUMAR, J. ......................................... B.A. No.7266 of 2010 .......................................... Dated this the 16 th day of November, 2010. ORDER Petitioner who is the sole accused in Crime No. 222 of 2010 of Thirunelly Police Station for offences punishable under Sections 323 and 341 I.P.C and Section 3(1)(X) of the Schedule Cast/Schedule Tribes (Prevention of Atrocities) Act, 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 27.11.2010 or on 29.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioner shall be produced before the Magistrate concerned who on being convinced that the petitioner has been interrogated by the police, shall release the petitioner on bail on the petitioner 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:- B.A.No.7266 /2010 -:2:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. 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. rv