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. 2783 of 2008 -------------------------------------------- CRIME NO.730/2007 OF THRISSUR TOWN EAST POLICE STATION .................... PETITIONERS/ACCUSED NOS.2 & 4: 1. P.K.NANDANAN, AGED 43 YEARS, S/O.K.UNNI, PUTHOOR HOUSE, KAIPARAMBU P.O., THRISSUR. 2. SHINI, AGED 30 YEARS, W/O.NANDANAN, PUTHOOR HOUSE, KAIPARAMBU P.O., THRISSUR DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR DISTRICT REPRESENTED BY PUBLIC PROSECUTOR. HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKARA MUHAMMED 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.2783 of 2008 --------------------------- ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. 2. Petitioners are Accused Nos.2 and 4 in Crime No.730/07 of Thrissur Town East Police Station, registered for offences under Sections 471 and 420 IPC read with Section 34 thereof. Having heard the submissions of the counsel for the petitioners and the Public Prosecutor, I am of the view that the police having not been able to apprehend the petitioners till now, despite registration of the crime as early as in 2007 and as the investigation in the case cannot achieve considerable progress without questioning the petitioners, this is a fit case where anticipatory bail has to be granted to the petitioners imposing stringent conditions. In the result, allowing this application, I direct that the petitioners shall surrender before BA 2783/08 2 the Magistrate concerned positively on or before 13.5.2008 and shall deposit by way of cash security an amount of Rs.2,000/- each and shall thereafter execute bail bond for Rs.15,000/- 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. BA 2783/08 3 On release the petitioners shall co-operate with the investigation in the case, shall not get themselves 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