IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6379 of 2009()
1. K.A.GOPINATHAN, AGED 47 YEARS,
... Petitioner
2. MURUKESAN, AGED 55 YEARS, S/O.PARAMU
Vs
1. THE SUB INSPECTOR, CHITTAR POLICE
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/03/2010
O R D E R
V. RAMKUMAR, J.
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B.A. No. 6379 of 2009
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Dated this the 23rd day of March, 2010.
ORDER
Petitioners who are the accused in Crime
No. 236 of 2009 of Chittar Police Station for offences punishable
under Sections 332, 341 and 323 r/w Section 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 26-3-2010 or 27-3-2010 for the purpose
of interrogation and recovery of incriminating material, if any.
The petitioners shall thereafter be produced on the same day
before the Magistrate concerned. On being convinced that the
petitioners have been interrogated by the police, the Magistrate
B.A. No. 6379/2009
-:2:-
shall 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 23rd day of March, 2010.
V.RAMKUMAR, JUDGE.
rv