Praveen vs State Of Kerala Represented By on 23 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1340 of 2009()


1. PRAVEEN, AGED 33 YEARS
                      ...  Petitioner
2. MOHAMMED THOUFEEQ, AGED 35

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE

                For Petitioner  :SRI.C.D.DILEEP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/03/2009

 O R D E R
                        V. RAMKUMAR, J.
                   .........................................
                      B.A. No. 1340 of 2009
                   ..........................................
            Dated this the 23rd day of March, 2009

                                  ORDER

Petitioners who are the accused in Crime

No. 552 of 2008 of South Police Station, Alappuzha for offences

punishable under Sections 420 and 406 r/w Section 34 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 28-3-2009 and 31-3-

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

B.A. No. 1340/2009

-:2:-

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 23rd day of March, 2009.

V.RAMKUMAR, JUDGE
rv