IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Bail Appl..No. 6592 of 2010() --------------------------- CRIME NO. 948/2010 OF THOPPUMPADY POLICE STATION, ERNAKULAM ................................................... APPLICANTS / ACCUSED 3 & 4 -------------------------------------------- 1. SUNU PHILIP, AGED 38 YEARS, PAIKAYIL HOUSE, KAYIRAPPALLY KARA, KAYIRAPPALLY VILLAGE, KANJIRAPPALLY TALUK. 2. SUDHEER, AGED 37 YEARS, S/O.SURENDRAN,SANKARAMANGALAM VEEDU, VAZHAPPILLY, PADINJARUBHAGAM KARA, PADINJARUBHAGAM VILLAGE, CHANGANASSERY TALUK. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI. M. REVIKRISHNAN SRI. SUDHEER RESPONDENT / COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, THOPPUMPADY POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ......................................... B.A. No. 6592 of 2010 .......................................... Dated: 21-10-2010 ORDER Petitioners who are accused Nos. 3 & 4 in Crime No. 948 of 2010 of Thoppumpady Police Station, Ernakulam District for offences punishable under Sections 406 and 420 read with Sec. 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 4- 11-2010 or on 6-11-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of the petitioners executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the B.A.No 6592 of 2010 -:2:- 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. 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. 21st October, 2010 Sd/-V.RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge