IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6711 of 2010()
1. KHALID, 38 YEARS OF AGE,
... Petitioner
2. AISHABI, AGED 75 YEARS,
3. MOHAMMED KUNHI, AGED 56 YEARS,
4. ROUF, 39 YEARS OF AGE,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.SHIRAZ ABDULLA
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/10/2010
O R D E R
V. RAMKUMAR, J.
.........................................
B.A. No.6711 of 2010
..........................................
Dated: 26.10.2010
ORDER
Petitioners, who are accused Nos.1 to 4 in Crime No.136/2010
of Vidhya Nagar Police Station, Kasaragod for an offence
punishable under Section 498 read with 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
11.11.2010 or on 12.11.2010 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 the
petitioner executing a bond for `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.6711 /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 commits 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