IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Bail Appl..No. 332 of 2008(J) ----------------------------- CRIME 189/07 OF KOZHIKODE TOWN POLICE STATION PETITIONERS ---------------------------- 1. K.P.JAYARAJAN, S/O SIVARAMAN, 'KARTHIKA', KALLUPURACKAL ROAD, EAST HILL, KOZHIKODE. 2. K.P.RAJEEVAN, S/O JAYARAJ, 'KARTHIKA', KALLUPURACKAL ROAD, EAST HILL, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, KOZHIKODE TOWN POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 332 OF 2008 D ```````````````````````````````````````````````````` Dated this the 21st day of January, 2008 O R D E R Application for anticipatory bail. The first petitioner had availed a loan from a Bank. He had the obligations to pay instalments. He allegedly did not make the payments promptly. The vehicle as also the petitioner were not available. In the circumstances, the complainant filed a complaint before the learned Magistrate and the learned Magistrate under Section 156(3) Cr.P.C. has referred the same to the police for investigation. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in these facts and circumstances of the case, that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. In the absence BA.332/08 : 2 : of opposition of the learned Public Prosecutor, it is not necessary to advert to the facts in any greater detail in this order. 3. 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 28.1.08. 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 29.1.08 and 30.1.08. 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, BA.332/08 : 3 : the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (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 28.1.08, 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 28.1.08. (R.BASANT, JUDGE) aks