MANIKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are the accused in Crime No.861/2010 of Mathilakam Police Station for offences punishable under Sections 452, 323 & 354 read with Section 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 27/9/2010 or on 28/9/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed, release the petitioners on bail on each of the petitioners executing a bond for Rs.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. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.