IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl.No. 2095 of 2008() ----------------------------- (IN CRIME NO.724/2007 OF KOTHAMANGALAM POLICE STATION) AGAINST THE JUDGEMENT/ORDER IN BA.5187/2007 Dated 05/09/2007 .................... PETITIONER/5TH ACCUSED: ----------------------------- SIJU, S/O. THOMAS, VETTUKATTIL HOUSE, PINDIMANA VILLAGE, CHELAD KARA, MALIPPARA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2095 OF 2008 F ```````````````````````````````````````````````````` Dated this the 4th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the 5th accused. He faces allegations for offences punishable, inter alia, under sections 308 and 324 IPC. The petitioner apprehends imminent arrest. 2. Accused 1 to 4 in the same crime had come to this Court earlier and by order dated 5.9.07 in BA.5187/07 the said accused were granted anticipatory bail by this Court subject to appropriate conditions. The petitioner stands in an identical position as the co-accused. 3. 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 also be granted anticipatory bail subject to identical conditions as were imposed on the co-accused by the said order. BA.2095/08 : 2 : 4. 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 11.4.2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five 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 15.4.2008 and 16.4.2008 and thereafter shall 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. (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 BA.2095/08 : 3 : 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 11.4.2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11.4.2008. (R.BASANT, JUDGE) aks