IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1484 of 2009()
1. MOHANAN PILLAI,
... Petitioner
2. SUJITH,S/O.MOHANAN PILLAI,
3. SURAJ,S/O.MOHANAN PILLAI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/03/2009
O R D E R
V. RAMKUMAR, J.
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B.A. No. 1484 of 2009
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Dated this the 26th day of March, 2009
ORDER
Petitioners who are accused Nos. 1 to 3 in Crime
No. 148 of 2009 of Pooyappally Police Station for offences
punishable under Sections 341 and 323 I.P.C and Section 3(1)
(xi) of SC & ST (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 any day between 02.04.2009 and
04.04.2009 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
B.A. No. 1484/2009
-:2:-
being convinced that the petitioners have been interrogated by
the police, the Magistrate shall 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. 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 26th day of March, 2009.
V.RAMKUMAR, JUDGE
rv