High Court Kerala High Court

Krishnaprabha vs State Of Keraa on 6 August, 2010

Kerala High Court
Krishnaprabha vs State Of Keraa on 6 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4210 of 2010()


1. KRISHNAPRABHA, D/O. DIVAKARAN,
                      ...  Petitioner
2. NIMITH SUDEENDRAN,S/O.SUDEENDRAN,

                        Vs



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

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/08/2010

 O R D E R
                          V. RAMKUMAR, J.
                .........................................
                        B.A. No.4210 of 2010
                ..........................................
                        Dated: 06.08.2010

                                 ORDER

Petitioners, who are the accused in Crime No.310/2010 of City
Police Station, Kannur for offences punishable under Sections
332,308 and 506(ii) 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
18.08.2010 or on 19.08.2010 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 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:-

B.A.No. 4210/2010 -:2:-

1. The 2nd petitioner 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.

V.RAMKUMAR, JUDGE

sj