IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Bail Appl..No. 4194 of 2010() ----------------------------- CRMP.2623/2010 of SESSIONS COURT,THODUPUZHA .................... PETITIONERS/ACCUSED NO.2 & 3: ----------------------------------------------------- 1. SHIYAMI, S/O.BASHEER, AGED 29 YEARS, KUZHIMANDAPATHIL HOUSE, KOTHAIKUNNU BHAGAM, THODUPUZHA KARA, THODUPUZHA VILLAGE, (SHIYAMI, S/O.BASHEER, AGED 29 YEARS, PHOTOGRAPHER THEJAS DAILY IDUKKI BUREAU,THODUPUZHA) 2. T.S. NIZAMUDHEEN, THATHAMPARAYIL HOUSE, PUZHPAKANDAM KARA, PARATHODE VILLAGE, UDUMBANCHOLA TALUK, T.S. NIZAMUDHEEN,REPORTER, THEJAS DAILY IDUKKI BUREAU, THODUPUZHA) BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, STATION HOUSE OFFICER, THODUPUZHA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------------------ Bail Application No.4194 of 2010 ------------------------------------------------- Dated this the 5th day of August, 2010 ORDER The petitioners who are the 2nd and 3rd accused in Crime No.441 of 2010 Thodupuzha Police Station for offences punishable under Sections 448, 353 & 294(b) read with Section 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 16/08/2010 or on 17/08/2010 for the purpose of interrogation and recovery of incriminating material, if any. The B.A.No.4194/2010 : 2 : petitioners shall thereafter appear 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 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 B.A.No.4194/2010 : 3 : 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. V.RAMKUMAR, JUDGE skj