IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1618 of 2008(F) ----------------------------------------- (CRIME NO. 118/2008 OF PATTAMBI POLICE STATION, PALAKKAD) ................. PETITIONER/ ACCUSED NO.3: ------------------------------------------- NITHIN G.K., AGED 17 YEARS, S/O.GANGADHARAN, PATHIYAPPARAMBIL HOUSE, AMAYOOR P.O., PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.), SRI. M.G. KARTHIKEYAN, SRI.NIREESH MATHEW. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1618 OF 2008 F ```````````````````````````````````````````````````` Dated this the 25th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is the 4th accused. Altogether there are six accused persons. They face allegations in a crime registered alleging offences punishable, inter alia, under sections 326 and 307 read with 149 IPC. The incident took place on 20.2.08. The petitioner has not been arrested so far. He was born on 13.2.1991. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. In any view of the matter, the petitioner, who was a juvenile/child on the date of occurrence, may be granted anticipatory bail, it is submitted. The petitioner is writing his examinations now as a plus two student. In these circumstances, a lenient view may be taken and anticipatory bail may be granted to the petitioner, it is BA.1618/08 : 2 : prayed. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed. 4. I am satisfied, in the facts and circumstances of the case, that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 1.4.2008. 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 2.4.2008 and 3.4.2008. During this period, the BA.1618/08 : 3 : 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, he shall so appear on all Mondays 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 1.4.2008, 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 1.4.2008. (R.BASANT, JUDGE) aks