High Court Kerala High Court

Sodaran vs State Of Kerala on 25 March, 2010

Kerala High Court
Sodaran vs State Of Kerala on 25 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1279 of 2010()


1. SODARAN, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :25/03/2010

 O R D E R
                       V. RAMKUMAR, J.
                  .........................................
                    B.A. No. 1279 of 2010
                 ..........................................
                       Dated: 25 .03.2010

                                ORDER

Petitioner who is the accused in Crime No. 96 of 2010 of
Munambam Police Station for an offence punishable under Section
353 read with Sec. 34 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 05.04.2010 or on
06.04.2010 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 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:-

B.A. No. 1279 of 2010 -:2:-

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.

Sd/- V.RAMKUMAR, JUDGE

ani

/true copy/

P.S. To Judge