High Court Kerala High Court

Rajeev.T.C. vs State Of Kerala on 26 March, 2010

Kerala High Court
Rajeev.T.C. vs State Of Kerala on 26 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5395 of 2009()


1. RAJEEV.T.C., AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :26/03/2010

 O R D E R
                        V. RAMKUMAR, J.
                   .........................................
                      B.A. No. 5395 of 2009
                   ..........................................
            Dated this the 26th day of March, 2010.

                                  ORDER

Petitioner who is the accused in Crime No. 554 of 2009 of

Changanacherry Police Station for an offence punishable under

Section 420 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

07-04-2010 or 08-04-2010 for the purpose of interrogation and

recovery of incriminating material, if any. The petitioner shall

thereafter appear 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

B.A. No. 5395/2009

-:2:-

filed, release the petitioner on bail on the petitioner 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 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.

Dated this the 26th day of March, 2010.

V.RAMKUMAR, JUDGE.

rv