IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1269 of 2010()
1. BIJU C.S,
... Petitioner
2. SHIVA PRASAD,
3. BABU,K @ DHAIVSAHAYAM,
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :31/03/2010
O R D E R
V. RAMKUMAR, J.
.........................................
B.A. NO. 1269 of 2010
..........................................
Dated: 31-03-2010
ORDER
Petitioners who are accused Nos. 1 to 3 in Crime No. 377
of 2010 of Kottarakkara Police Station (Kollam District) for
offences punishable under Sections 143, 147, 148, 324, 326, 308
r/w 149 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 12-4-2010 or 13-4-2010 for the
purpose of interrogation and recovery of incriminating material,
if any. The petitioners shall thereafter appear before the
Magistrate concerned and file an application for regular bail. On
being convinced that the petitioners have been interrogated by
the police, the Magistrate shall preferably on the same date on
which the application is filed, release the petitioners on bail on
each of the petitioners 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:-
B.A. NO. 1269 of 2010 -:2:-
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 31st day of March, 2010
V.RAMKUMAR, JUDGE
bkn/-