Ramakrishna Menon, and ors. Vs. - Court Judgment

Excerpt:
1. petitioners, who are accused nos. 2 to 4 in cr. no.524/2010 of ponnani police station for offences punishable under sections 498 a and 406 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 13.12.2010 or on 14.12.2010 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 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. 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.

Judgment:
1. Petitioners, who are accused Nos. 2 to 4 in Cr. No.524/2010 of Ponnani Police Station for offences punishable under Sections 498 A and 406 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 13.12.2010 or on 14.12.2010 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 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. 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.