Shefeeque and ors. Vs. State of Kerala

indian penal code (ipc), 1860 - sections 302, 34, 504, 506; code of criminal procedure (crpc), 1973 - sections 394, 161. - punishment for murder -- the accused hari singh of village suthari was running a brick kiln on the outskirts of the village. subsequently, one randhir singh installed another brick kiln nearby. hari singh and his brothers, however, did not allow randhir singh to run his brick kiln effectively and ultimately randhir singh sold his brick kiln to gulab singh deceased some three months prior to the incident. sub-inspector hari raj singh, however, recorded the statements of the witnesses and after inspecting the site, prepared the site plan ex. ka.14. the prosecution in support of its case relied primarily on the evidence of pw1 prem pal, pw-5 kalu and pw-6 jagdish, pw-2 dr. m.k.goel, who had conducted the autopsy on the dead body, and of pw-7 sub-inspector hari raj singh, the main investigating officer. point "a" in the site plan is the place where the deceased gulab singh had been shot and killed. o r d e rv. ramkumar, j. ................................... b.a. no. 6628 of 2010 ............................................... dated: 26th day of october, 2010 order 1. petitioners, who are accused nos. 1 to 4 in crime no.1081/2010 of pathanapuram police station for offences punishable under sections 447, 341, 323, 324, 354 and 326 read with 34 ipc, 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 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. after interrogation, petitioners shall be produced before 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 them 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. 4. the 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.