Lakshmanan.K. vs Station House Officer on 31 August, 2010

Kerala High Court
Lakshmanan.K. vs Station House Officer on 31 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4645 of 2010()


1. LAKSHMANAN.K., S/O.KUNHAPPA,
                      ...  Petitioner
2. VIJESH.M., S/O.VIJAYAN,
3. MURALI.P., S/O.NANU,

                        Vs



1. STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SMT.M.R.JAYALATHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :31/08/2010

 O R D E R
                         V. RAMKUMAR, J.
                    ....................................
                     B.A. No. 4645 of 2010
                 ..........................................
              Dated: 31st day of August, 2010

                                ORDER

Petitioners, who are accused Nos.6, 7 and 9 in Cr.No.

212/2010 of Pariyaram MCH Police Station for offences punishable

under Sections 143, 147, 148, 452 and 427 read with Section 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 13-9-2010 or 14-9-2010 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.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. 4645 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 August, 2010

V.RAMKUMAR, JUDGE

dmb

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