IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 783 of 2010()
1. DILEEPKHAN S/O.MUHAMMED MUSTHAFA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/09/2010
O R D E R
V. RAMKUMAR, J.
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B.A. No. 783 of 2010
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Dated this the 9th day of September, 2010.
ORDER
Petitioner, who is accused No.1 in Crime No. 1134/2009
of Adoor Police Station (Pathanamthitta District) for an offence
punishable under Section 420 read with Section 34 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
20.09.2010 and 22.09.2010 for the purpose of interrogation
and recovery of incriminating material, if any. The petitioner
shall thereafter be produced before the Magistrate concerned
and file an application for regular bail. On being convinced that
the petitioner has been interrogated by the police, the Magistrate
B.A.No. 783/2010 -:2:-
shall preferably on the same date on which the application is
filed, release the petitioner on bail on his 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 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. Petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.
4. Petitioner shall not commit any offence while
on bail.
5. If the petitioner commit 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.
Dated this the 9th day of September, 2010.
V.RAMKUMAR, JUDGE
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