Naisil P.Poulose vs Sub Inspector Of Police on 3 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1746 of 2009()


1. NAISIL P.POULOSE, S/O. P.C.POULOSE,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.GEORGE SEBASTIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :03/04/2009

 O R D E R
                       V. RAMKUMAR, J.
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                    B.A. No. 1746 of 2009
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 3rd day of April, 2009

                            O R D E R

Petitioner who is the 2nd accused in Crime No.581/2009 of

Kothamangalam Police Station for offences punishable under

Sections 452, 324, 323, 427, 326 read with section 34 I.P.C.,

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

any day between 13-4-2009 and 15-4-2009 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 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

BA 1746/09 -2-

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.

V. RAMKUMAR,
JUDGE.

mn.