IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Bail Appl..No. 7478 of 2010() ------------------------------------------ CRIME NO.233/2010 OF MALOOR POLICE STATION, KANNUR DISTRICT .......... PETITIONERS/ACCUSED --------------------------------------- 1. BAIJU M.C., S/O.DASAN, THATTANTE VALAPPIL HOUSE, KANJILERI P.O., KANNUR DISTRICT. 2. NIDHEESH P., S/O.KUNHIKRISHNAN, NELLIATHKUNNU HOUSE, KANJILERI P.O., KANNUR DISTRICT. 3. SUMITH R.T., S/O.SURENDRAN, PATTARI HOUSE, KANJILERI P.O., KANNUR DISTRICT. 4. VIJESH K., S/O.KAKKANDI MUKUNDAN, NIJITHA NIVAS, KANJILERI P.O., KANNUR DISTRICT. 5. SINEEJ K., S/O.ACHUTHAN, KANJILERI P.O., KANNUR DISTRICT. 6. SAJITH K.K., S/O.NALINI K.K.,MOORIANTE PARAMBU, KANJILERI P.O., KANNUR DISTRICT. 7. VINEESH C., S/O.BALAKRISHNAN,SREYAS BHAVAN, KANJILERI P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MALOOR POLICE STATION, KANNUR DISTRICT. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING VOME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... Bail Application No. 7478 of 2010 .......................................... Dated: 23rd November, 2010 ORDER Petitioners who are the accused in Crime No. 233 of 2010 of Maloor Police Station for offences punishable under Sections 143, 147, 148, 323 read with Sec. 149 I.P.C. and Secs. 3 and 4 of Explosive Substances Act, 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 3-12-2010 or 4-12-2010 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. 7478 /2010 -:2:- 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. 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 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. Dated this the 23rd day of November, 2010. V.RAMKUMAR, JUDGE ani