IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6307 of 2009()
1. KUMARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.K.SUNIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/03/2010
O R D E R
V. RAMKUMAR, J.
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B.A. No. 6307 of 2009
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Dated this the 23rd day of March, 2010.
ORDER
Petitioner who is the accused in Crime No. 396 of 2009 of
Pala Police Station for offences punishable under
Sections 323 and 354 IPC and Section 3(1)(x) of the Scheduled
Castes & Scheduled Tribes (Prevention of Atrocities) 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
26-3-2010 or 27-3-2010 for the purpose of interrogation and
recovery of incriminating material, if any. The petitioner shall
thereafter be produced on the same day before the Magistrate
concerned. On being convinced that the petitioner has been
B.A. No. 6307/2009
-:2:-
interrogated by the police, the Magistrate shall release the
petitioner on bail on the petitioner 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:-
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. Petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.
4. 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.
Dated this the 23rd day of March, 2010.
V.RAMKUMAR, JUDGE.
rv