IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1934 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.85/2008 CRIME NO.176/2007 OF VALAYAM POLICE STATION .................... : PETITIONERS/ACCUSED ------------------------ 1. ZUBAIR @ ULLI ZUBAIR S/O. ABDULLA, CHEKIYAD, PARAKADAVU P.O. KOZHIKODE DISTRICT. 2. RAHIM, S/O. KUNHABDULLA, POTTANTAVIDA, CHEKIYAD,PARAKADAVU P.O. KOZHIKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1934 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 3. Altogether there are twenty accused persons, submits the learned Public Prosecutor. They face allegations in a crime registered alleging offences punishable inter alia under Sections 308 and 395 read with 149 I.P.C. The first accused had come to this court claiming anticipatory bail and by order dated 10/01/2008 in B.A.No.85 of 2008. the first petitioner was granted anticipatory bail subject to appropriate conditions. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that for identical reasons as are referred to in the said order, the petitioners herein can also be granted anticipatory bail. I have adverted to facts in detail in the order referred above. It is not necessary for me to advert to facts in any greater detail in this order. This order must be read in continuation of the said order. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. B.A.No.1934/08 2 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 02/04/2008. They shall be released 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 03/04/2008 and 04/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.1934/08 3 (iii) If the petitioners do 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 petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 02/04/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 02/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1934/08 4 B.A.No.1934/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007