Sunny vs State Of Kerala on 8 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1757 of 2009()


1. SUNNY, S/O.JOSEPH, PULLATTUKALAYIL HOUSE
                      ...  Petitioner
2. SHERLY, W/O. SUNNY
3. JOSSY, S/O.JOSEPH, PULLATTUKALAYIL

                        Vs



1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :08/04/2009

 O R D E R
                      V. RAMKUMAR, J.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                    B.A. No. 1757 of 2009
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 8th day of April, 2009

                            O R D E R

Petitioners who are the accused in Crime No.51/2009 of

Ettumanoor Police Station for offences punishable under

Sections 274B, 452, 354, 323 and 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 17-4-2009 or on 18-4-2009 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 the police, the

Magistrate shall release them on bail on their executing a bond

for Rs. 25,000/- (Rupees twenty five thousand only) with two

BA 1757/09 -2-

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.

V. RAMKUMAR,
JUDGE.

mn.