IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4745 of 2010()
1. MATHAI VARKEY, S/O.VARKEY,
... Petitioner
2. LEELA, W/O.MATHAI VARKEY,
Vs
1. STATE OF KERALA, SUB INSPECTOR OF POLICE
... Respondent
2. THE DEPUTY SUPERINTENDENT OF POLICE,
For Petitioner :SRI.PAUL K.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/08/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.4745 of 2010
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Dated this the 12th day of August, 2010
ORDER
The petitioners who are first and second accused in Crime
No.304/2010 of Puthencruz Police Station for offences
punishable under Sections 506(i) I.P.C. read with Section 34 I.P.C.,
3(1) (v) & 3(1)(x) of the Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act , 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 19/08/2010 or on 20/08/2010 for the
B.A.No.4745/2010
: 2 :
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 them 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 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. The petitioners shall not influence or
intimidate the prosecution witnesses nor
shall they attempt to tamper with the
evidence for the prosecution.
B.A.No.4745/2010
: 3 :
4. The 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
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