IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Bail Appl..No. 3070 of 2008() ----------------------------------------- (IN CRIME NO.53/2008 OF VITHURA POLICE STATION) .................... PETITIONERS/ACCUSED 1 & 3: ------------------------------------------- 1. SHAJEER, AGED 20 YEARS, S/O. SALIM, NEHAS MANZIL, MARUTHUM MOODU, CHITTUVEETUMURI, THOLICODE VILLAGE FROM SHAFEER MANZIL, NIRAPPIL MEMALA, KOTTAKKAKOM MURI, VITHURA VILLAGE. 2. SHAFEER, AGED 24 YEARS, S/O. SALIM, NEHAS MANZIL, MARUTHUM MOODU, CHITTUVEETUMURI, THOLICODE VILLAGE FROM SHAFEER MANZIL, NIRAPPIL MEMALA, KOTTAKKAKOM MURI, VITHURA VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT: STATE: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K. MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application No.3070 of 2008 - - - - - - - - - - - - - - - - Dated this the 16th day of May, 2008. O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioners who are accused Nos.1 and 3 in Crime No.53/2008 of Vithura Police Station for offences punishable under Sections 452,294(b), 323,324,109 and Section 34 I.P.C., seek anticipatory bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. Learned Public Prosecutor submits that the second petitioner is not an accused in the above crime, though his name was originally arrayed as third accused in the above crime. With respect to the first petitioner, the Public Prosecutor has no objection in granting anticipatory bail. 3. Having regard to the nature of the allegations levelled against the first petitioner and the other circumstances of the case, I am inclined to grant anticipatory bail to the first petitioner. Accordingly, a B.A.No. 3070 of 2008 -:2:- direction is issued to the officer-in-charge of the police station concerned to release the first petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. First Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. First petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 3. First petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. First petitioner shall not commit any offence while on bail. 5. First petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. B.A.No. 3070 of 2008 -:3:- If the first petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed with respect to the first petitioner and dismissed with respect to the second petitioner. V.K.MOHANAN, Mbs/ JUDGE.