IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1581 of 2008(J) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.870/2008 .................... PETITIONERS/ACCUSED NOS. 1 & 5 ----------------------------------------------- 1. JOY @ JOHN, S/O.JOSEPH, MUNDACKAL HOUSE, PULPALLY P.O., SULTHAN BATHERY. 2. RATHEESH, S/O.KRISHNANKUTTY, KORUKOTTUNIYIL HOUSE, CHEEYANBOM P.O., PULPALLY, SULTHAN BATHERY. BY ADV. SMT.K.V.RESHMI RESPONDENTS: STATE ------------------ 1. S.I. OF POLICE, PULPALLY POLICE STATION, SULTHAN BATHERY (CR.NO.44/08). 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1581 of 2008 ------------------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 and 5. They face allegations in a crime registered alleging offences punishable, inter alia, under Secs.120B and 420 of the IPC. A co-accused i.e., the 2nd accused, had approached this Court for anticipatory bail and by order dated 14/2/08 in B.A.No.870/08, anticipatory bail was granted to the said accused subject to appropriate terms and conditions. 2. I have adverted to the facts in detail in the said order. This order must be read in continuation of the said order. I am hence not adverting to the facts in any greater detail in this order. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and B.A. No. 1581 of 2008 -: 2 :- I am satisfied that the petitioners herein - the allegations against whom are identical to the allegations raised against the 2nd accused, can also be granted anticipatory bail now subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C. in favour of the petitioners: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 25/3/2008. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 26/3/08 and 27/3/08. During this period the Investigator 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 appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, B.A. No. 1581 of 2008 -: 3 :- they shall so 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 these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 25/3/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 25/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1581 of 2008 -: 4 :-