IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1630 of 2008() ----------------------------- CRIME 5/08 OF JALAHALLI POLICE STATION, BANGALORE CITY, KARNATAKA STATE PETITIONER --------------------------- 1. SHEBY,S/O.SUBAIR, AGED 22 YEARS RESIDING AT KARIMPILACKAL HOUSE, MANGULAM, KONNI P.O., PATHANAMTHITTA DISTRICT. 2. JAYAKRISHNAN, AGED 22 YEARS, S/O.BALAKRISHNAN NAIR, GOVINDA VILASOM KUMMANNOOR, KIDANGOOR P.O., PALA, KOTTAYAM DISTRICT. 3. UMESH B.U, AGED 21 YEARS, S/O. UNNIKRISHNAN BAVANDEPARAMBIL, ARATTUPUZHA P.O.,THRISSUR. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. STATION HOUSE OFFICER JALAHALLI POLICE STATION, JALAHALLI P.O. BANGALORE CITY DISTRICT, KARNATAKA STATE. 2. PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1630 OF 2008 A ```````````````````````````````````````````````````` Dated this the 24th day of March, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 to 3. They face allegations in a crime registered alleging offences punishable, inter alia, under section 307 IPC. The crime has been registered at the Jalahalli police station, Bangalore city. The alleged incident took place on 19.1.08. The petitioners apprehend imminent arrest. The petitioners have to appear for an examination on 26.3.08. The petitioners complain that if they were arrested and detained in custody, their opportunity to appear for the examination will be lost. In these circumstances, they pray that appropriate directions may be issued to ensure that the petitioners are able to write their examination without the threat and risk of arrest and detention. To that limited extent, appropriate directions may be issued under section 438 Cr.P.C., it is prayed. 2. This petition was filed as early as on 7.3.08. This is BA.1630/08 : 2 : the third occasion when the matter is coming up for hearing. The learned Public Prosecutor prays for time again. I am persuaded to agree that directions under section 438 Cr.P.C. can be issued in favour of the petitioners zealously ensuring that the interests of the investigation are not compromised. I am satisfied that the petitioners, young students, can be permitted to appear for their examination. 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 Chief Judicial Magistrate, Kottayam on 25.3.08. They shall be released on condition that they execute bonds for Rs.1,00,000/-(Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate undertaking to appear before the learned Magistrate having jurisdiction at Bangalore on or before 5.4.08 and seek regular bail from such Magistrate. ii) In such bond, they shall undertake that they shall BA.1630/08 : 3 : appear before the learned Magistrate at Bangalore on or before that date ie, 5.4.08 and shall report compliance to the learned CJM, Kottayam on or before 10.4.08. (iii) If the petitioners do not appear before the learned CJM, Kottayam on 25.3.08 or do not appear before the learned Magistrate at Bangalore on or before 5.4.08 or do not report compliance before the learned CJM, Kottayam on or before 10.4.08, all these directions shall lapse and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law. If the petitioners do not surrender before the learned Magistrate at Bangalore on or before 5.4.08 and do not report compliance before the learned CJM, Kottayam on or before 10.4.08 the learned CJM, Kottayam shall be at liberty to proceed against the petitioners and their sureties under section 446 Cr.P.C. 4. Hand over copy of this order to the learned counsel for the petitioner today itself. (R.BASANT, JUDGE) aks