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. 829 of 2008() ---------------------------- CRIME NO.275/07 OF SULTHAN BATHERY POLICE STATION : PETITIONERS/ACCUSED 2 TO 8 ------------------------------------------- 1. DEEPESH, S/O.DIVAKARAN, PUTHIYA VEEDU, DOTTAPPANKULAM, SULTHAN BATHERY. 2. SALIM, S/O.ABOOBACKER, KUTHIRAKULAMBIL HOUSE, VADUVANCHAL, AMBALAVAYAL, SULTHAN BATHERY. 3. RANJITH @ RANJITH JOHN, S/O.JOHN, THURKULAMAYIL HOUSE, MOOLANKAVU, SULTHAN BATHERY. 4. SUNIL KUMAR, S/O.SEKHARAN PILLA, NAYAPULLIL HOUSE, DOTTAPPANKULAM, SULTHAN BATHERY. 5. SUNIL LAL, S/O.KUTTAPPAN, CHEMPAN HOUSE, AMBUKUTHY, THOVARIMALA, SULTHAN BATHERY. 6. GINEESH, DRIVER, KOTTAKUNNU, SULTHAN BATHERY. 7. AJEESH, S/O.BALAKRISHNAN, DOTTAPPANKULAM, SULTHAN BATHERY. BY ADV. SRI.T.G.RAJENDRAN (Petitioners 1 and 3 to 7 are deleted from the array of petitioners as per order dated 13.02.08 in Crl.M.Appl.No.918 of 2008) RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE, SULTHAN BATHERY POLICE STATION. 2. STATE REP. BY 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.829 of 2008 ------------------------------------- Dated this the 15th day of February, 2008 ORDER Application for anticipatory bail. All the other petitioners have been deleted from the array of petitioners and only the 2nd petitioner(3rd accused)'s claim for anticipatory bail survives for consideration. 2. The 2nd petitioner/3rd accused along with the co- accused faces allegations under Section 225 B I.P.C. The 1st accused in the case had allegedly escaped from the custody of the police. The 2nd petitioner/3rd accused is also alleged to have committed the offence under Section 225 B I.P.C. The role assigned to him is that after A1 escaped from custody, the 2nd petitioner/3rd accused who was formerly a surety of the 1st accused permitted him to live with him and also gave him some money so that he could go away. Even allegedly this is the only role of the 2nd petitioner. He was admittedly not present at the place where the 1st accused escaped from custody. The learned Public Prosecutor reports that the 2nd petitioner/3rd accused has no criminal antecedents. B.A.No.829 of 2008 2 3. The learned counsel for the 2nd petitioner/3rd accused prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the 2nd petitioner can now be granted anticipatory bail subject of course to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The 2nd petitioner/3rd accused shall appear before the learned Magistrate at 11 a.m on 22.02.2008. He shall be enlarged on regular bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The 2nd petitioner/3rd accused shall make himself available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 23.02.2008 and 24.02.2008. During this period, the Investigating Officer shall be at liberty to interrogate The 2nd petitioner/3rd accused in custody and take all necessary steps the proper conduct of the investigation. Thereafter The 2nd petitioner/3rd accused shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; B.A.No.829 of 2008 3 iii) If the 2nd petitioner/3rd accused 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 to arrest the The 2nd petitioner/3rd accused and deal with him in accordance with law as if those directions were not issued at all; iv) If the 2nd petitioner/3rd accused were arrested prior to his surrender on 22.02.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 22.02.08. (R.BASANT, JUDGE) rtr/-