IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No.2795 of 2008 ( ) ----------------------------------- (CRIME NO.26/08 OF WALAYAR POLICE STATION) PETITIONERS/ACCUSED ---------------------------- 1. MUJEEB @ MUJEEB RAHIMAN, AGED 37 YEARS, S/O. MOHAMMED, PULPARAYIL HOUSE, VELLOORKUNNAM, MUVATTUPUZHA. 2. JOJO, AGED 35 YEARS, S/O. GEORGE, POKKATHU HOUSE, CHOONDY JUNCTION, KEEZHMADU, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW SRI.C.C.THOMAS RESPONDENT: COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No. 2795 of 2008 --------------------------- ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. 2. Petitioners are the accused in Crime No. 26/08 of Walayar Police Station, registered for offences under Sections 407, 420 and 120B IPC read with Section 34 thereof. The occurrence in the case has taken place as early as on 24.1.2008 and till date, the Investigating Agency could not apprehend the petitioners. Without procuring the presence of the petitioners as well, no considerable progress in the investigation can be made and it appears that the Investigating Agency will not be able to procure the presence of the petitioners without the assistance of court. In the result, allowing this application, I direct that the petitioners shall surrender before the Magistrate concerned positively on or before 13.5.2008 and shall deposit by way of cash security BA 2795/08 2 an amount of Rs.15,000/- each and shall thereafter execute bail bond for Rs.50,000/- each with two solvent sureties each for like sums to the satisfaction of the Magistrate. On the above conditions being satisfied, the petitioners can be enlarged on bail. On such release, the petitioners shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioners, if need be and the Magistrate granting it, if deemed fit, necessary and legal. On release the petitioners shall co-operate with the investigation in the case, shall not get BA 2795/08 3 himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town, in which they are having their permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv