IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1795 of 2008() ----------------------------- CRIME 52/08 OF ALAKKODE POLICE STATION .................... : PETITIONER/ACCUSED NO.2 TO 4 --------------------------------------------- 1. BENNY KARRIKATTIL, AGED 40, S/O THOMMI, THERTHALLY P.O., ALAKKODE, THALIPARAMBA TALUK, KANNUR DISTRICT. 2. SIBY, AGED 42, S/O THOMMI, THERTHALLY P.O., ALAKKODE, THALIPARAMBA TALUK, KANNUR DISTRICT. 3. THOMMI, AGED 58, THERTHALLY P.O., ALAKKODE, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ALAKKODE POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1795 of 2008 ------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 2 to 4 and they face allegations in a crime registered alleging offences punishable, inter alia, under Section 392 r/w 34 I.P.C. The crux of the allegations is that on 10.01.08 when the defacto complainant and his brother in law were engaged in conversation, the accused persons - 4 in number, allegedly attacked the defacto complainant and forcibly took away cash of Rs.1,500/- and the mobile phone of the defacto complainant. Crime is registered on the basis of a complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Section 156 (3) Cr.P.C. The crime is seen registered only on 12.02.08. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstance of this case, that the petitioners can now be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition, it B.A.No.1795 of 2008 2 is not necessary for me to advert to facts in any greater detail in this order. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 01.04.08. They shall be enlarged on regular bail on their executing a bond 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 02.04.08 and 03.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A.No.1795 of 2008 3 thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 01.04.08 as directed in clause (1) above, 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 01.04.08. (R.BASANT, JUDGE) rtr/-