IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Bail Appl..No. 3082 of 2008(T) ----------------------------------------- (CRIME NO. 114/2008 OF NILESHWARAM POLICE STATION) ............. PETITIONERS/ ACCUSED NO2. 1 AND 2: --------------------------------------------------------- 1. T.K.SUBAIR,AGED 24 YEARS, S/O.ASHERAF,P.O.UPPILAKAL, (VIA) NILESWARAM,PUDUKAI VILLAGE, HOSDURG TALUK,KASARAGOD. 2. T.K.MUHAMMAD KUNHI, AGED 32 YEARS, S/O. A.G.ABDULLA, KANHANGAD (SOUTH). HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH. RESPONDENTS/ COMPLAINANAT & STATE: --------------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO. 114 OF 2008 OF NILESWERAM POLICE STATION),KASARGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application NO. 3082 of 2008 - - - - - - - - - - - - - - - - Dated this the 16th day of May, 2008. O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioners, who are accused Nos.1 and 2 in Crime No.114/2008 of Nileshwaram Police Station for an offence punishable under Sections 452,394,294(b), 427 read with 34 I.P.C., seek anticipatory bail. 2. I have heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor submits that though initially Section 394 was incorporated, subsequently it has been deleted and the main allegation now against the petitioners is with respect to Sections 454 and 427 of the I.P.C. 3. Having regard to the nature of the allegations levelled against the petitioners and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, Bail A.No.3082 of 2008 . -:2:- a direction is issued to the officer-in-charge of the police station concerned to release the petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioners shall make themselves available for interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the Bail A.No.3082 of 2008 . -:3:- above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.K.MOHANAN, JUDGE Mbs/