IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 153 of 2008() ---------------------------- CRIME NO. 410/07 OF KASABA POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED ------------------------------------ 1. NOUSHAD V.K., S/O. KOYATTY, VAYAPPURATH HOUSE, POST MAYANADU, KOZHIKODE-673 008. 2. DR. T.MOHAMMED, S/O. AHMED T., MAYAISHA, PANDALAYANI, KOYILANDY. 3. MUNEER K., S/O. ABDU RAHIMAN, KOODATHIL HOUSE, POST CHERUVADI, KOZHIKODE. 4. ABDULLA PERINGADU, S/O. MOIDEEN MASTER, PERINGATTU HOUSE, POST FAROOQ COLLEGE, KOZHIKODE. 5. MANJULA, D/O. KARUNAN, KOLIYOT, KONGANNOOR, ATHOLI, KOZHIKODE. 6. SHEREENA, D/O. KOMUKUTTY, BEEYAN MAHAL, VALIYAPARAMBU, KARADU, PIN-673 632. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.410 OF 2007 OF KASABA POLICE STATION, KOZHIKODE.) BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 153 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under Section 379 I.P.C. That is the only non-bailable offence alleged against the petitioners. There are other offences, all bailable also, alleged against the petitioners. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Allegation under Section 379 I.P.C. has been included with the sole intention of vexing and harassing the petitioners. They may, in these circumstances, be granted anticipatory bail, it is prayed. 3. The learned Prosecutor submits that the State has no objection against the grant of anticipatory bail to the petitioners. He only prays that appropriate conditions may be imposed. Eventhough there is an allegation under Section 379 I.P.C. B.A.No. 153 of 2008 2 raised, so far nothing tangible has been collected in support of the said allegation, submits the Prosecutor. 4. I am satisfied that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 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: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 21.1.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 B.A.No. 153 of 2008 3 p.m. on 22.1.08. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer 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. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 21.1.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 21.1.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 21.1.2008. (R. BASANT) tm Judge B.A.No. 153 of 2008 4