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Kerala High Court
Rahul vs State Of Kerala on 6 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3649 of 2010()


1. RAHUL, AGED 20 YEARS,
                      ...  Petitioner
2. RAMAKRISHNAN NAIR, AGED 54 YEARS,
3. USHA, AGED 44 YEARS,
4. VALSALA, AGED 49 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.THOMAS ABRAHAM

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/08/2010

 O R D E R
                         V. RAMKUMAR, J.
                     ================
                      B.A. No.3649 of 2010
                 ====================
                Dated: 6th day of August, 2010

                              ORDER

Petitioners, who are accused Nos.1 to 4 in Crime No.

434/2010 of Venjaramoodu Police Station for offences punishable

under Sections 323, 294(b), 354 and 427 I.P.C. and 3(I) (X) (XI) of

SC / ST (POA) 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 1st

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 1st petitioner shall surrender before the investigating officer

on 18.8.2010 or on 19.8.2010 for the purpose of

interrogation and recovery of incriminating material, if any. The

1st petitioner shall thereafter appear before the Magistrate who

on being satisfied that the 1st petitioner has been interrogated by

the Police, shall consider and dispose of his application for

regular bail preferably on the same date on which it is filed.

B.A. No.3649 of 2010
2

4. I am inclined to permit Petitioner Nos.2 to 4 to

surrender before the Investigating Officer for the purpose of

interrogation and then to have their application for bail

considered favourably by the Magistrate having jurisdiction.

Accordingly, Petitioner Nos.2 to 4 shall surrender before the

investigating officer on 18.8.2010 or on 19.8.2010 for the

purpose of interrogation and recovery of incriminating material,

if any. Petitioner Nos.2 to 4 shall thereafter appear before the

Magistrate concerned and file an application for regular bail. On

being convinced that they have been interrogated by the police,

the Magistrate shall release them 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. Petitioner Nos.2 to 4 shall report before the
Investigating Officer between 9 a.m. and 11 a.m. on
all Wednesdays.

2. Petitioner Nos.2 to 4 shall make themselves
available for interrogation including custodial
interrogation as and when required by the
Investigating Officer.

3. Petitioner Nos.2 to 4 shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence for the
prosecution.

B.A. No.3649 of 2010
3

4. Petitioner Nos.2 to 4 shall not commit any
offence while on bail.

5. If they 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.

V.RAMKUMAR, JUDGE

dmb


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