IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 261 of 2008() ---------------------------- CRIME NO. 5/08 OF ATTINGAL POLICE STATION PETITIONERS/ACCUSED 1, 3,5,6,7 & 8 --------------------------------------------------- 1. PRASANNABABU, S/O.KUMARAN, KARTHIKA, CHITTATTINKARA DESOM, AVANAVANCHERY VILLAGE, THIRUVANANTHAPURAM DISTRICT 2. SHASHANKAN, S/O.JANARDHANAN, KESAVAMANDIRAM, CHITTATTINKARA DESOM, AVANAVANCHERY VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. MOHANAN, S/O.KOCHUKRISHNAN, AMBALATHUMVATHUKKAL HOUSE, ALANGODE VILLAGE, MAVARKAL DESOM, THIRUVANANTHAPURAM. 4. RAJU, S/O.KUMARAN, RINKU NIVAS, CHITTATTINKARA DESOM, AVANAVANCHERY VILLAGE, THIRUVANANTHAPURAM DISTRICT. 5. SUDHARMA, D/O.DEVADASANKADAKKASSERY, KADAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 6. MADHU, KADAKKASSERY, KADAKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 261 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1, 3 and 5 to 8. They face allegations for offences punishable, inter alia, under Sections 406 and 380 I.P.C. Crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. 2. The crux of the allegations against the petitioners is that the defacto complainant, who was obliged to abscond apprehending action against him in a crime, had entrusted certain articles/properties to the accused persons, who did not faithfully return the same to the defacto complainant when he returned. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the the said prayer and I am B.A.No. 261 of 2008 2 satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 24.1.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 25.1.08 and 28.1.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all B.A.No. 261 of 2008 3 necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer 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. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 24.1.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 24.1.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 24.1.2008. (R. BASANT) Judge tm