IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2284 of 2008() ----------------------------- (CRIME NO. 114/2008 OF UDAYAMPERUR POLICE STATION) PETITIONER/ ACCUSED: ------------------------ 1. VINEESH C.V., S/O.VIJAYAN AGED 25 YEARS, CHINGORATHU, POOTHOTTA P.O. UDAYAMPEROOR, ERNAKULAM DISTRICT. 2. VINEESH K.R. S/O.RAJAN, AGED 21 YEARS KURUPPANEZHATHU, POOTHOTTA P.O. UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE UDAYAMPEROOR POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2284 OF 2008 A ```````````````````````````````````````````````````` Dated this the 11th day of April, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.3 and 4 in a crime registered alleging offences punishable, inter alia, under section 308 IPC. That is the only non-bailable offence alleged. Accused Nos.1 and 2 had come before this Court claiming anticipatory bail and by order dated 25.3.08 in BA.1768/08 those petitioners were granted anticipatory bail by this Court subject to conditions. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners herein can be granted anticipatory bail for the same reason and on the same conditions as were imposed by the earlier order dated 25.3.08 referred above. 3. In the result, this petition is allowed. Following BA.2284/08 : 2 : directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 21.4.08. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 22.4.08 and 23.4.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently, the petitioners shall so appear as and when directed by the investigating officer in writing to do so. BA.2284/08 : 3 : (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 21.4.08, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21.4.08. (R.BASANT, JUDGE) aks