IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 909 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.641/2008 Dated 04/02/2008 CRIME NO.16/2008 OF NALLALAM POLICE STATION .................... : PETITIONERS/ACCUSED: ------------------------------------- 1. HABEEB REHMAN, S/O. MUHAMMED, AGED 28 YEARS, PERISSERY HOUSE, PERUMANNA AMSOM, PUTHOOR DESOM, PANTHEERANKAVU P.O., KOZHIKODE. 2. ASHRAF, S/O. MUHAMMED, AGED 40 YEARS, PERISSERY HOUSE, PERUMANNA AMSOM, PUTHOOR DESOM, PANTHEERANKAVU P.O., KOZHIKODE. 3. MUNEER, AGED 28 YEARS, EDAKKAT HOUSE, PANTHEERANKAVU P.O., CALICUT-19. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. CIRCLE INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE. 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 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.909 of 2008 ---------------------------------------- Dated this the 15th day of February 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable inter alia under Section 308 I.P.C. One of the co-accused, the third accused, who faces identical allegations like the petitioners have already been granted anticipatory bail by this court as per Annexure 1 order dated 4/2/2008 in B.A.No.641/2008. I have adverted to facts in detail in the order dated 04/02/2008 referred above. It is not necessary for me to advert to facts in any greater detail in this order. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to identical conditions as were imposed on the co- accused. 3. In the result, this petition is allowed in part. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 22/02/2008. They B.A.No.909/08 2 may file application for regular bail after giving sufficient prior notice to the learned Prosecutor in charge of the case. Appropriate orders shall be passed by the learned Magistrate expeditiously on the application of the petitioner and on any other application, which the police may file, and pass appropriate orders thereon. The petitioners shall abide by the orders which the learned Magistrate may pass on such application. (ii) 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. (iii) If they were arrested prior to 22/02/2008, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 22/02/2008. (R.BASANT, JUDGE) jsr B.A.No.909/08 3 B.A.No.909/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007