Earnest vs State Of Kerala

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 921 of 2010()


1. EARNEST, S/O. SEBASTIAN, AGED 40
                      ...  Petitioner
2. KUNJUMON, S/O. CHELLAPPAN, AGED
3. JOSEPHKUTTY, S/O. GEORGE, AGED 48

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.N.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :/  /

 O R D E R
                                V. RAMKUMAR, J.
                    .........................................
                       B.A. No. 921 of 2010
                   ..........................................
            Dated this the 24th day of March, 2010.

                                   ORDER

Petitioners who are accused Nos. 1 to 3 in Crime

No. 72 of 2010 of Chavara Thekkumbhagam Police Station,

Kollam for an offence punishable under Section 379 r/w Section

34 I.P.C., 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 05-04-2010 or 06-04-2010 for the

purpose of interrogation and recovery of incriminating material,

if any. The petitioners shall thereafter appear before the

Magistrate concerned and file an application for regular bail. On

being convinced that the petitioners have been interrogated by

B.A. No. 921/2010

-:2:-

the police, the Magistrate shall preferably on the same date on

which the application is filed, release the petitioners on bail on

each of them 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 24th day of March, 2010.

V.RAMKUMAR, JUDGE.

rv