IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 7763 of 2009() --------------------------------- CRIME NO. 1608/2009 of NORTH PARAVUR POLICE STATION .................... PETITIONER/ACCUSED:- --------------------------- MUHAMMED NAZEER, S/O. MUHAMMED AGED 29 YEARS,CHOOLAKKADAVIL HOUSE, SANTHIPURAM.P.O., KODUNGALLUR. BY ADV. MS. R.SUDHA RESPONDENT/COMPLAINANT:- ------------------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, N.PARAVUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. No. 7763 of 2009 .......................................... Dated this the 31st day of March, 2010. ORDER Petitioner who is the accused in Crime No. 1608 of 2009 of North Paravur Police Station for an offence punishable under Section 332 I.P.C., 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 16-04-2010 or 17-04-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall preferably on the same date on which the application is B.A. No. 7763/2009 -:2:- filed, release the petitioner on bail on the petitioner 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 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. Dated this the 31st day of March, 2010. V.RAMKUMAR, JUDGE. rv