IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Bail Appl..No. 6769 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7564/2008 Dated 12/01/2009 .................... CRIME NO.428/2008 OF KATTAKKADA POLICE STATION PETITIONERS ----------------------- 1. SATHEESH KUMAR,S/O.KRISHNAN,TC 145, DEEPA NIVAS,POOZHIKUNNU,MANUKULADICHAMANGALAM, NEMOM VILLAGE,THIRUVANANTHAPURAM. 2. SUNIL KUMAR,S/O.KRISHNAN, SAJI BHAVAN, POOZHIKUNNU,THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA,REP.BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KATTAKKADA POLICE STATION,THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No.6769 of 2010 .......................................... Dated: 28.10.2010 ORDER Petitioners, who are accused Nos.3 and 4 in Crime No.428/2008 of Kattakkada Police Station for offences punishable under Sections 366 and 376 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 10.11.2010 or on 11.11.2010 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 the petitioners 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:- B.A.No.6769 /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 commits 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. Dated this the 28th day of October, 2010. V.RAMKUMAR, JUDGE sj