IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl..No. 2178 of 2008() ----------------------------- CRIME NO.114/2008 OF ADOOR POLICE STATION : PETITIONER/ACCUSED ----------------------------------- SUNIL KUMAR, AGED 29 YEARS, S/O.KRISHNA KURUP, LKRISHKNAVILASAM VEEDU, POTHRAD, PANNIVIZHA MURI, ADOOR VILLAGE, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2178 of 2008 ---------------------------------------- Dated this the 8th day of April 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. He faces allegations in a crime registered alleging offence punishable under Section 379 read with 34 I.P.C. 2. The second accused identically placed, has already been granted anticipatory bail subject to conditions as per order dated 4/3/2008 in B.A.No.907/08. There were allegations and counter allegations. The applications for bail of persons belonging to their rival groups were considered and disposed of by the common order dated 4/3/2008. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner herein can also be granted anticipatory bail subject to identical conditions as were imposed on the co-accused by the said order dated 4/3/2008. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.2178/08 2 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 15/04/2008. He shall be released on regular bail on condition that he executes 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. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 16/04/2008 and 17/4/2008. 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 in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently 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 these directions were not issued at all. (iv) If he were arrested prior to 15/04/2008, 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 15/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2178/08 3 B.A.No.2178/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007