IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH NOVEMBER 2007 / 28TH KARTHIKA 1929 Bail Appl..No. 6893 of 2007() ----------------------------- CRIME NO.1077/2007 OF KOLLAM EAST POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ SYAM KUMAR, S/O. SASIDHARAN, BHARANETHU VEEDU, AYATHIL P.O., KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.6893 of 2007 ---------------------------------------- Dated this the 19th day of November 2007 O R D E R Application for anticipatory bail. The petitioner is the first accused. Altogether there are five accused persons. They face allegations for offences punishable inter alia under Section 308 read with 149 I.P.C. Third accused had come before this court and was granted anticipatory bail as per order dated 13/11/2007 in B.A.No.6751/2007. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to identical conditions as were imposed on the co- accused. 3. 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 26/11/2007. 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 B.A.No.6893/07 2 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 3 p.m on 27/11/2007 and 28/11/2007 and thereafter 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. (iii) If the petitioner 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 26/11/2007, 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 26/11/2007. (R.BASANT, JUDGE) jsr B.A.No.6893/07 3 B.A.No.6893/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007