High Court Kerala High Court

Vinod vs State Of Kerala on 6 December, 2010

Kerala High Court
Vinod vs State Of Kerala on 6 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7861 of 2010()


1. VINOD,AGED 39 YEARS,
                      ...  Petitioner
2. RADHAKRISHNAN,AGED 44 YEARS,

                        Vs



1. STATE OF KERALA,REP.BY THE S.I. OF
                       ...       Respondent

                For Petitioner  :SRI.V.V.RAJA

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/12/2010

 O R D E R
                         V. RAMKUMAR, J.
                   .........................................
                       B.A. No.7861 of 2010
                   ..........................................
          Dated this the 6th day of December, 2010.

                                  ORDER

Petitioners who are accused Nos.1 and 4 in Crime No.

1614 of 2010 of Chadayamangalam Police Station for offences

punishable under Sections 451, 341 and 323 read with Section

34 I.P.C. and Section 3(1)(x) of the Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) 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

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 17.12.2010 or on 18.12.2010 for the

purpose of interrogation and recovery of incriminating material,

if any. After interrogation, petitioners shall be produced before

B.A.No. 7861/2010 -:2:-

the Magistrate concerned who on being convinced that the

petitioners have been interrogated by the police, shall release

the petitioners on bail on each of the petitioners executing a

bond for ` 15,000/- (Rupees fifteen 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 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 commits 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 6th day of December, 2010.

V.RAMKUMAR, JUDGE.

rv