IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 575 of 2008() ---------------------------- CRIME NO.516/07 OF ANCHALUMMOODU POLICE STATION : PETITIONER/ACCUSED ----------------------------------- 1. SYAMKUMAR .S., AGED 34, SYAMVIHAR, MATHILIL P.O., KOLLAM. 2. S.SHAH, S/O.SIVANANDAN, AMULYA, ULIYA KOIL, KOLLAM. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.575 of 2008 ------------------------------------- Dated this the 1st day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 6 and 7 in a crime registered alleging commission of offences punishable, inter alia, under Sections 120 B, 403 and 406 I.P.C. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. Accused 2 to 5 had come to this Court earlier and this Court by order dated 21.01.08 in B.A.8133 of 2007 had granted anticipatory bail to those petitioners subject to appropriate conditions. 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 herein can also be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 08.02.08. They shall be enlarged on regular bail on their executing a bond 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; B.A.No.575 of 2008 2 ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 4 p.m on 09.02.08 and 10.02.08. 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. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 08.02.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 08.02.08. (R.BASANT, JUDGE) rtr/- B.A.No.575 of 2008 3