IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1657 of 2009()
1. MOHAMMED ASHIF, S/O.ABDULLA,
... Petitioner
2. SIDDIK, S/O.ALI, A.K.HOUSE,
3. USMAN, S/O.KUNHALI, POLIKKAR PALLAM,
4. SATHAR A., P.O.SIRIBAGILU, KASARAGOD.
5. MOHAMMED AZIZ, S/O.MOHAMMED HAJI, BOOD
6. HANEEF, S/O.KUNHALI, VIGAR NAGAR,
7. RAHIS, S/O.ABDUL RASHEED,
8. IQBAL M., S/O.ARATHIL KUNHI,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/04/2009
O R D E R
V. RAMKUMAR, J.
.........................................
B.A. No.1657 of 2009
..........................................
Dated: 2.4.2009
ORDER
Petitioners, who are the accused in Crime No.167 of 2009
of Kasaragod Police Station for offences punishable under
Sections 143,147,148,341 and 324 read with 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 any day between 8.04.2009 and
13.04.2009 for the purpose of interrogation and recovery of
incriminating material, if any. The petitioners shall thereafter
be produced on the same day before the Magistrate concerned.
On being convinced that the petitioners have been interrogated
by the police, the Magistrate shall release the petitioners on bail
B.A.No.1657/2009 -:2:-
on each of the petitioners 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. 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 2nd day of April, 2009.
V.RAMKUMAR, JUDGE
sj