High Court Kerala High Court

Rajesh.R. vs State Of Kerala Represented By on 26 March, 2010

Kerala High Court
Rajesh.R. vs State Of Kerala Represented By on 26 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1405 of 2010()


1. RAJESH.R., S/O.RAGHUNATHAN NAIR,
                      ...  Petitioner
2. RAKESH DEVASSI, S/O.DEVASSI,

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.R.VINOD

                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. 1405 2010
                 ..........................................
                 Dated: 26th day of March, 2010.

                                ORDER

Petitioners who are accused Nos. 2 and 3 in Crime No.550 of
2010 of Central Police Station, Ernakulam for offences punishable
under Sections 452 and 323 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 6-4-
2010 or 7-4-2010 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 the
police, the Magistrate shall release the petitioners on bail on each
of the petitioners 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:-

B.A. No. 1405 of 2010 -:2:-

1. Petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2. 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 26th day of March, 2010.

V.RAMKUMAR, JUDGE

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