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. 1803 of 2008() ----------------------------- CRIME NO.535/07 OF BEKAL POLICE STATION PETITIONER : ACCUSED ------------------------ M. ABDUL SATHAR, AGED 35 YEARS S/O.MOHAMMED KUNHI, BARA PO, UDMA VILLAGE KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE 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.1803 of 2008 ------------------------------------- Dated this the 11th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is now arrayed as the 1st accused in a crime registered for offences punishable, inter alia, under Section 308 I.P.C. In the F.I.R, he is not named. The allegation is that one person who had his face covered with a mask and other had committed the offence. Some of the other accused had come before this Court seeking regular bail and that application was dismissed as per order dated 07.01.08 in B.A.3019 of 2007. The petitioner is brought on the array of accused on the allegation that he was the one who had covered his face and had taken part in the incident. 2. The learned counsel for the petitioner submits that the petitioner was not present at the scene of the crime and the allegation that he is the one who had his face covered and took part in the incident is totally incorrect and unacceptable. 3. The learned Public Prosecutor was requested to plae before this Court specific data if any which can indicate that the petitioner was the one who had taken part in the incident after B.A.No.1803 of 2008 2 covering his face. The learned Public Prosecutor after going through the case diary fairly submits that the 1st accused has been arrayed as the 1st accused. That specific data is available in the case diary which can suggest that the petitioner was the one who had covered his face. The defacto complainant has subsequently made a sweeping statement that subsequently he has come to know that it was the petitioner who had so taken part in the incident. The learned Public Prosecutor does not oppose the application, but only prays that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. 4. I am satisfied that the petitioner can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 21.04.2008. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.No.1803 of 2008 3 ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 22.04.2008 and 23.04.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does 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 petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 21.04.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) without any sureties undertaking to appear before the learned Magistrate on 21.04.08. (R.BASANT, JUDGE) rtr/- B.A.No.1803 of 2008 4