High Court Kerala High Court

Nriban vs State Of Kerala on 23 September, 2010

Kerala High Court
Nriban vs State Of Kerala on 23 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5692 of 2010()


1. NRIBAN, AGED 21 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/09/2010

 O R D E R
                        V.RAMKUMAR, J.
             ----------------------------------------------
             Bail Application No.5692 of 2010
            ------------------------------------------------
        Dated this the 23rd day of September, 2010

                               ORDER

The petitioner, who is accused No.4 in Crime

No.436/2010 of Anthikad Police Station for an offence

punishable under Section 394 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 04/10/2010 or on 05/10/2010 for

the purpose of interrogation and recovery of incriminating

material, if any. The petitioner shall thereafter be produced

before the Magistrate concerned and file an application for

regular bail. On being convinced that the petitioner has been

interrogated by the police, the Magistrate shall preferably on

the same date on which the application is filed, release the

Bail Appln.No.5692/2010
: 2 :

petitioner on bail on his 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:-

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. The petitioner shall not influence or intimidate

the prosecution witnesses nor shall he attempt to

tamper with the evidence for the prosecution.

4. The 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

skj