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. 2328 of 2008(R) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.758/2008 Dated 08/02/2008 CRIME NO.1 OF 2008 OF THIRUVALLAM POLICE STATION .................... : PETITIONERS/ACCUSED ------------------------------------ RATHEESH @ PAKRU, S/O.RAVI, LALITHA NIVAS, THIRUVAZHY MUKKU, THIRUVALLAM P.O. THIRUVALLAM VILLAGE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION, TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR 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.2328 of 2008 ------------------------------------- Dated this the 11th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 4th accused in a crime registered alleging offences punishable, inter alia, under Section 308 I.P.C. The alleged incident took place on 31.12.07. Accused 1 to 3 - co-accused of the petitioner were granted anticipatory bail by order dated 08.02.08 in B.A.No.758 of 2008. 2. 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 for the same reasons and subject to the same conditions as were imposed on the accused in the order dt.8.2.08. 3. 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.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.No.2328 of 2008 2 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 between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months 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 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.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 21.04.08. (R.BASANT, JUDGE) rtr/- B.A.No.2328 of 2008 3