IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4842 of 2010()
1. YUNUSKUNJU, S/O.EBRAHIMKUTTY,
... Petitioner
2. THAJUDHEEN, S/O.MUHAMADKUNJU,
3. MUHAMMED SALIM, S/O.ABDUL RAHIMANKUNJU
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.T.GOPALAKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/09/2010
O R D E R
V. RAMKUMAR, J.
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B.A. No. 4842 of 2010
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Dated: 2nd day of September, 2010
ORDER
Petitioners, who are accused Nos. 1 to 3 in Crime No.359
of 2010 of Karunagappally Police Station for offences punishable
under Sections 188, 294(b), 353 and 506(i) read with 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 13.9.2010 or 14.9.2010 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 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:-
B.A. No. 4842 of 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 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.
Dated this the 2nd day of September, 2010
V.RAMKUMAR, JUDGE
dmb