IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7163 of 2010()
1. AHAMED MAHSHEED,
... Petitioner
2. SHIYAB M.R.,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/11/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.7163 of 2010
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Dated this the 12th day of November, 2010
ORDER
The petitioners, who are the accused in Crime No.1126
of 2010 of Kasaragod Police Station for an offence punishable
under Section 353 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 23/11/2010 or on 24/11/2010 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 each of them
executing a bond for `15,000/- (Rupees fifteen thousand only)
Bail Appln.No.7163/2010
: 2 :
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