IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 982 of 2008() ---------------------------- CRIME NO.933/2007 OF NORTH PARAVUR POLICE STATION : PETITIONER/ACCUSED NO.2: ----------------------------------------- SASI KUMAR, S/O.SANKARAN ACHARI, KUTTAKARA, KAITHARAM, KOTTUVALLI, NORTH PARAVUR, ERNAKULAM. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRSENTED BY SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.982 of 2008 ---------------------------------------- Dated this the 20th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. Altogether there are two accused persons. He faces allegations in a crime registered alleging the offence punishable under Section 420 I.P.C. That crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. The first accused had come to this court for anticipatory bail and after considering the matter in detail by order dated 11/1/2008 in B.A.No.112/2008, the said first accused was granted anticipatory bail. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner herein can be granted anticipatory bail subject to identical conditions as were imposed on the co-accused. I have adverted to facts in detail in the order dated 11/01/2008 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. B.A.No.982/08 2 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 27/02/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 28/02/2008 and 29/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. B.A.No.982/08 3 (iii) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 27/02/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 27/02/2008. (R.BASANT, JUDGE) jsr B.A.No.982/08 4 B.A.No.982/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007