IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4104 of 2010()
1. M.D.RAMESH, AGED 34 YEARS
... Petitioner
2. M.K.DAMODARAN,AGED 64 YEARS
3. M.K.KAMALAKSHY, W/O.M.K.DAMODARAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SMT.N.N.GIRIJA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/08/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.4104 of 2010
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Dated this the 6th day of August, 2010
ORDER
The petitioners who are accused Nos.1 to 3 in Crime
No.714/2010 of Pathanamthitta 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 18/08/2010
or on 19/08/2010 for the purpose of interrogation and
recovery of incriminating material, if any. The petitioners
B.A.No.4104/2010
: 2 :
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
9a.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.
B.A.No.4104/2010
: 3 :
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
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