IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5049 of 2010()
1. ANSON, S/O.FRANCIS
... Petitioner
Vs
1. STATE OF KERALA,REP.BY
... Respondent
For Petitioner :SRI.K.R.VINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :31/08/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.5049 of 2010
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Dated this the 31st day of August, 2010
ORDER
The petitioner who is accused No.2 in Crime No.629 of
2010 of Munampam Police Station for offences punishable
under Sections 286, 304, 308 & read with Section 34 I.P.C.
read with Section 3(a) of Explosive Substance Act, 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 13/9/2010 or on 14/9/2010 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
Bail Appln.No.5049/2010
: 2 :
been interrogated by the police, the Magistrate shall
preferably on the same date on which the application is filed,
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:-
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
skj