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Joy vs State Of Kerala on 23 September, 2010

Kerala High Court
Joy vs State Of Kerala on 23 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5696 of 2010()


1. JOY,S/O.RAVEENDRAN,AGED 46 YEARS,
                      ...  Petitioner
2. SHAJI,S/O.SUKUMARAN,AGED 39 YEARS,
3. SANTHILAL @ KANNAN,AGED 35,

                        Vs



1. STATE OF KERALA,REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.HARISH GOPINATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/09/2010

 O R D E R
                          V. RAMKUMAR, J.
                .........................................
                        B.A. No.5696 of 2010
                ..........................................
                        Dated: 23.09.2010

                                 ORDER

Petitioners, who are accused Nos.2 to 4 in Crime
No.1058/2010 of Paravur Police Station for offences punishable
under Sections 143,147,149 and 379 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
04.10.2010 or on 05.10.2010 for the purpose of interrogation and
recovery of incriminating material, if any. The petitioners shall
thereafter be produced 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. 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:-

B.A.No.5696/2010 -: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.

V.RAMKUMAR, JUDGE

sj

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