IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 7802 of 2007() ----------------------------- CRIME 1056/07 OF NORTH PARAVUR POLICE STATION PETITIONERS ---------------------------- 1. MURUGAN, S/O RAMAKRISHNAN, AGED 22 YEARS, AZHEEKAPARAMBIL HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE. 2. BABU, S/O ARAVINDAN, AGED 31 YEARS, CHOOLACKAPARAMBIL HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE. 3. SAJAN, S/O ARAVINDAN, AGED 34 YEARS, CHOOLACKAPARAMBIL HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE. 4. VYSAKH, S/O VASUDEVAN, AGED 34 YEARS, MANNAPPURATH HOUSE, KEDAMANGALAM KARA, PARAVUR VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.1056 OF 2007 OF NORTH PARAVUR POLICE STATION) BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7802 OF 2007 A ```````````````````````````````````````````````````` Dated this the 18th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners face indictment in a crime registered for offences punishable, inter alia, under Section 452 IPC. 2. The learned counsel for the petitioners submits that the disputes between the parties have been settled. The only non-bailable offence is one punishable under Section 452 IPC. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor, after taking instructions, submits that the matter has been settled and that in these circumstances the State has no objection against grant of anticipatory bail to the petitioners. 4. I am satisfied, in these circumstances, that the petitioners can be granted anticipatory bail subject to BA.7802/07 : 2 : 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 petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 25.1.08. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty 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 3 p.m on 28.1.08 and 29.1.08. 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, the petitioners shall appear as and when directed by the investigating officer in writing to do so. BA.7802/07 : 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 25.1.08, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 25.1.08. (R.BASANT, JUDGE) aks