IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH DECEMBER 2007 / 21ST AGRAHAYANA 1929 Bail Appl..No. 7654 of 2007() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4346/2007 CRIME 208/07 OF KADAKKAL POLICE STATION .................... PETITIONER/ACCUSED NO.3 ---------------------------------------- SHIBU R, S/O.RAGHAVAN,SHAJI BHAVAN, SIDEWALL, MANKODE, KADAKKAL, KOTTARAKARA. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,KADAKKAL POLICE STATION REPRESENTED THROUGH PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7654 OF 2007 ```````````````````````````````````````````````````` Dated this the 12th day of December, 2007 O R D E R Application for anticipatory bail. Petitioner is accused No.3. Altogether there are 44 accused. The alleged incident took place on 8.5.07. It was a clash between employees of the buses and the students. The petitioner faces allegations for offences punishable, inter alia, under Section 308 IPC. There is a case and a counter case. Investigation is in progress. The petitioner apprehends imminent arrest. 2. It is submitted that some of the co-accused have already been granted anticipatory bail. Some of them were granted regular bail also. Accused Nos.2 and 12 were granted anticipatory bail by order dated 19.7.07 in BA.4346/07. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer BA.7654/07 : 2 : and I am satisfied that the petitioner can be granted anticipatory bail on identical conditions for the same reasons mentioned in the said order. This order must be read in continuation of the said order and I am not, hence, adverting to the facts in any greater detail in this order. 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 19.12.2007. 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 4 p.m on 20.12.2007 and 22.12.2007 and thereafter on all Mondays and Fridays between 10 a.m and 12 noon for a BA.7654/07 : 3 : 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) above, these directions shall lapse on 19.12.07 and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law. (iv) If he were arrested prior to 19.12.2007, 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 19.12.2007. (R.BASANT, JUDGE) aks