IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2602 of 2008 ------------------------------------------ (Crime No.47/2008 of Hosdurg Police Station) PETITIONERS/ACCUSED NOS. 1 TO 3: ----------------------------------------------------- 1. MOHAMMED KUNHI K.K., S/O.O.K.ABOOBACKER, KOTTAPURAM HOUSE, MANIKOTH P.O., KANHANGAD. 2. SHAMSHEER N.P., S/O.MOHAMMED KUNHI N.P., THAPPANAKKAL HOUSE, MANIKOTH P.O., KANHANGAD. 3. KOPPATTY BASHEER, S/O.MOIDEEN HAJI, KOPPATTY HOUSE, MANIKOTH P.O., KANHANGAD. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: -------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ---------------------------------------- B.A.No.2602 of 2008-C ------------------------------------------------------- Dated, this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 to 3 in Crime No.47/2008 of Hosdurg Police Station registered for offences under Sections 143, 147, 148, 341, 324, 326 and 308 IPC read with section 149 thereof. 3. Heard the submissions of the counsel for the petitioners and the Public Prosecutor. 4. The occurrence in this has taken place on 17-1-2008 and the Investigating Agency could not effect arrest of the petitioners till date. It appears that the Investigating Agency is not at all keen in conducting investigation in the case promptly and that if at all presence of the accused are to be procured, assistance of the court is also necessary. 5. In the above view, I direct the petitioners to surrender before the Magistrate concerned positively on or before 13-5-2008 and to deposit by way of cash security an amount of Rs.5,000/- each and thereafter execute bail bond for Rs.20,000/- each with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioners B.A.No.2602/2008 -2- can be enlarged on bail on the following conditions. On such release, the petitioners shall appear before the Investigating Officer between 10 A.M and 12 Noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioners, if need be, and the Magistrate granting it if deemed fit, necessary and legal. On release, the petitioners shall co-operate with the investigation in the case, shall not get themselves involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town in which they are having their permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. (K.P.BALACHANDRAN) JUDGE. MS