IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Bail Appl..No. 6748 of 2010() --------------------------------------------- CRIME NO.538/2010 OF MANNARKADU POLICE STATION ACCUSED 1-4 IN CRIME 538/10 --------------------------------------------------- 1. ANZAR ALI, S/O.KHAJA MOIDEEN, 3/460, MATHA LAYOUT, RAMASAMY NAGAR, UDUMALPET, COIMBATORE DISTRICT, TAMILNADU STATE. 2. KHAJA MOIDEEN, 3/460, MATHA LAYOUT, RAMASAMY NAGAR, UDUMALPET, COIMBATORE DISTRICT, TAMILNADU STATE. 3. ZOHRA, W/O.KHAJA MOIDEEN, 3/460, MATHA LAYOUT, RAMASAMY NAGAR, UDUMALPET, COIMBATORE DISTRICT, TAMILNADU STATE. 4. HAJEENA @ AZEENA, D/O.KHAJA MOIDEEN, 3/460, MATHA LAYOUT, RAMASAMY NAGAR, UDUMALPET, COIMBATORE DISTRICT, TAMILNADU STATE. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENT(S): COMPLAINANT ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA (REPRESENTING THE STATION HOUSE OFFICER, MANNARKKADU POLICE STATION, PALAKKADU DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ....................................... B.A. No.6748 of 2010 ........................................ Dated: 27.10.2010 ORDER Petitioners, who are accused Nos.1 to 4 in Crime No.538/2010 of Mannarkadu Police Station for an offence punishable under Section 498A 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 petitioner 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.6748/2010 -: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 27 th day of October, 2010. V.RAMKUMAR, JUDGE sj