IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3729 of 2010()
1. NOOJUM KHAN, AGED 36 YEARS,
... Petitioner
2. KABEER, AGED 23 YEARS, S/O.SHAHUL HAMEED
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/10/2010
O R D E R
V.RAMKUMAR, J.
----------------------------------------------
Bail Application No.3729 of 2010
------------------------------------------------
Dated this the 15th day of October, 2010
ORDER
The petitioners, who are accused Nos.1 & 2 in Crime
No.527 of 2010 of Pooyappally Police Station for offences
punishable under Sections 323, 498(A) read with Section 34
I.P.C. and 5(1)(b) Immoral Traffic (Prev.)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 28/10/2010 or on 29/10/2010 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
Bail Appln.No.3729/2010
: 2 :
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.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:-
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. The petitioners shall not influence or
intimidate the prosecution witnesses nor
shall they attempt to tamper with the
evidence for the prosecution.
4. The 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