JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.1 and 2 in Crime No.750/2006 of Irinjalakuda Police Station for an offence punishable under Secs.406 and 420 read with sec.34 I.P.C., seek anticipatory bail.

(2.) After hearing both sides and after considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the 2nd petitioner/2nd accused Thressia as she is a 65 year old woman. Accordingly, a direction is issued to the Investigating Officer to release the 2nd petitioner on bail for a period of one month in the event of her arrest in connection with the above case on her executing a bond for Rs. 10,000/- (Ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions:- Bail A.No.155/2007 -:Page numbers:- 1. The 2nd Petitioner shall make herself available for interrogation as and when required by the Investigating Officer. 3.She shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 4. She shall not commit any offence while on bail. 5. She shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled.

(3.) In the case of the 1st petitioner/1st accused, I am not inclined to grant anticipatory bail. But, however, I am inclined to permit him to surrender before the Investigating Officer and then have his regular bail application disposed of by the Magistrate concerned. Accordingly, the 1st petitioner/1st accused is directed to surrender before the Investigating Officer on any day between 15.1.2007 and 17.1.2007 for the purpose of Bail A.No.155/2007 -:Page numbers:- custodial interrogation and recovery of incriminating materials, if any. Thereafter the 1st petitioner shall be produced before the Magistrate who is having jurisdiction, on the same day. The Magistrate shall consider and dispose of the application, if any, filed by the 1st petitioner for regular bail preferably on the same day on which it is filed. This petition is disposed of as above.