IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1992 of 2008(M) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.6616/2007 CC.308/2005 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.94/05 OF KOTTARAKKARA POLICE STATION .................... : PETITIONERS/ACCUSED ------------------------------------ 1. MANOJ, S/O..MOHANAN ACHARI, PUTHENVILA MELETHIL, ERATHUKULAKKADA MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM. 2. MANI JOY, S/O.JOY, MONI BHAVAN, ERATHUKULAKKADA MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1992 of 2008 ------------------------------------- Dated this the 1st day of April, 2008 ORDER Application for anticipatory bail. Petitioners are accused 6 and 10. The allegations are raised of offences punishable, inter alia, under Sections 452 and 354 I.P.C. Investigation was completed. Final report has already been filed. Only 3 persons were arrayed as accused. Further investigation was directed to be conducted under Section 173(8) Cr.P.C. It is at that stage that the petitioners are sought to be arrayed as accused 6 and 10 and arrested. Accused 4, 5 and 7, who are also identically situated had come to this Court earlier and as per order dated 31.10.07 in B.A.6616/07, the said petitioners/accused were granted anticipatory bail. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to identical conditions as were imposed on the petitioners in B.A.6616 of 2007 on 31.10.07. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. B.A.No.1992 of 2008 2 i) The petitioners shall appear before the learned Magistrate at 11 a.m on 08.04.2008. They shall be enlarged on regular bail on their executing a bond for Rs.25,000/- (Rupees Twenty Five 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 3 p.m on 09.04.08 and 10.04.08. 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; iii) If the petitioners do 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 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 08.04.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 08.04.08. (R.BASANT, JUDGE) B.A.No.1992 of 2008 3 rtr/-