IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 170 of 2008() ---------------------------- CRIME NO. 223/07 OF NEMMARA POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.7365/2007 Dated 12/12/2007 .................... PETITIONER ----------------- R.VIVEK, AGED 21, S/O.V.RAMAN KUTTY, PADINJARE HOUSE, VITHANASSERY,NEMMARA, PALAKKAD-678 508. BY ADV. SRI.H.BADARUDDIN RESPONDENTS: ------------- 1. STATION HOUSE OFFICER, NEMMARA POLICE STATION, PALAKKAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 170 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the third accused. Altogether there are four accused persons surviving in the party array now. The petitioner faces allegations punishable, inter alia, under Section 308 I.P.C. The first accused, who was named in the F.I.R., had come before this Court with a prayer for anticipatory bail. By order dt.12.12.2007 in B.A. 7365 of 2007 the said first accused was granted anticipatory bail, subject to conditions. He was granted bail accepting his plea that Section 308 I.P.C. has been included only because of the political clout of the defacto complainant. Such bail was granted in the absence of opposition from the learned Prosecutor also. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner, subject to appropriate conditions. B.A.No. 170 of 2008 2 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. The petitioner shall surrender before the learned Magistrate on 21.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 22.1.08 and 23.1.2008 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 21.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. B.A.No. 170 of 2008 3 (d) If the petitioner were arrested prior to his surrender on 21.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 21.1.2008. (R. BASANT) Judge tm