High Court Kerala High Court

R.Sivakumar vs Stte Of Kerala on 29 October, 2010

Kerala High Court
R.Sivakumar vs Stte Of Kerala on 29 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6802 of 2010()


1. R.SIVAKUMAR,AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. STTE OF KERALA, REP.BY S.I. OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.M.Y.VARGHESEKUTTY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/10/2010

 O R D E R
                         V. RAMKUMAR, J.
                      ..............................
                     B.A. No.6802 of 2010
                 ..........................................
              Dated: 29th day of October, 2010

                                ORDER

Petitioner, who is the sole accused in Crime No.1582/2010 of

Thoppumpady Police Station for offences punishable under

Sections 332 and 427 I.P.C., seeks 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

petitioner to surrender before the Investigating Officer for the

purpose of interrogation and then to have his application for bail

considered by the Magistrate having jurisdiction. Accordingly,

the petitioner 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, petitioner shall be produced before the Magistrate

concerned who on being convinced that the petitioner has been

interrogated by the police, shall release the petitioner on bail on

the petitioner 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.6802 /2010 -:2:-

1. The petitioner shall report before the
Investigating Officer between 9 a.m. and 11 a.m. on
all Wednesdays.

2. The petitioner shall make himself available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.

3. The petitioner shall not influence or intimidate
the prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.

4. The petitioner shall not commit any offence
while on bail.

5. If the petitioner commits breach of any of the
above conditions, the bail granted to him shall be
liable to be cancelled.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE

dmb