Ejas vs State Of Kerala Rep.By Sub … on 1 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6414 of 2010()


1. EJAS,S/O.MAYANKUTTY, AGED 37,
                      ...  Petitioner
2. RAJESH,S/O.RADHAKRISHNAN,AGED 32 YEARS

                        Vs



1. STATE OF KERALA REP.BY SUB INSPECTOR OF
                       ...       Respondent

                For Petitioner  :SRI.K.I.SAGEER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :01/11/2010

 O R D E R
                        V.RAMKUMAR, J.
             ----------------------------------------------
              Bail Application No.6414 of 2010
            ------------------------------------------------
         Dated this the 1st day of November, 2010

                               ORDER

The petitioners, who are accused Nos.3 & 4 in Crime

No.2766 of 2010 of Aluva Police Station for offences

punishable under Sections 406 & 420 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 11/11/2010 or on 12/11/2010 for the

purpose of interrogation and recovery of incriminating

material, if any. After interrogation, petitioners shall be

produced before the Magistrate concerned who on being

convinced that the petitioners have been interrogated by the

police, shall release the petitioners on bail on the petitioners

Bail Appln.No.6414/2010
: 2 :

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