MUHAMMED FAZIL MOOSA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS, who are accused Nos. 7 to 9 in Crime No. 432 of 2008 of Kottakkal Police Station for offences punishable under Sections 341,323,324,506 (i) and 307 read with 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 any day between 11. 05. 2009 and 13. 05. 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 the petitioners on bail on each of the petitioners 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:-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.