C.V. Kunhippa vs Circle Inspector Of Police on 2 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 552 of 2009()


1. C.V. KUNHIPPA, S/O. MOIDEENKUTTY,
                      ...  Petitioner
2. M.V. DHARMAPALAN, S/O. VELAYUDHAN,

                        Vs



1. CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. STATE OF KERAELA, REPRESENTED BY THE

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/04/2009

 O R D E R
                         V. RAMKUMAR, J.
                .........................................
                       B.A. No.552 of 2009
               ..........................................
                         Dated: 2.04.2009
                                ORDER

Petitioner who are accused Nos.1 and 2 in Crime

No.66/2009 of Ponnani Police Station for offences punishable

under Sections 471,468 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 any day between 08.04.2009 and

13.04.2009 for the purpose of interrogation and recovery of

incriminating material, if any. The petitioners shall thereafter

be produced on the same day before the Magistrate concerned.

On being convinced that the petitioners have been interrogated

by the police, the Magistrate shall release the petitioners on bail

B.A.NO.552/09 -:2:-

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 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 April, 2009.

V.RAMKUMAR, JUDGE

sj