IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 445 of 2008() ---------------------------- Cr.NO.311/07 OF ALAKODE POLICE STATION, KANNUR DISTRICT. PETITIONER : ACCUSED NO.1: ------------------------------ JOBY MATHEW, S/O. MATHEW, AGED 24 YEARS, KONGANPUZHA HOUSE, ALAKODE AMSOM, ARANGAM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: ------------- STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR DISTRICT (CRIME NO.311/07 OF ALAKODE POLICE STATION, KANNUR DISTRICT), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 445 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. He faces allegations, along with the co-accused, in a crime, which was initially registered under Section 354 I.P.C. The petitioner was arrested and enlarged on bail. Subsequently allegation under Section 376 r/w. 511 I.P.C. has been included. Some of the co-accused, A2 and 3, have come to this Court seeking anticipatory bail and this Court by order dt. 11.1.2008 in B.A.No. 126 of 2008 had granted anticipatory bail to those accused. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner herein can also be granted anticipatory bail, subject to appropriate conditions as were imposed on the co-accused. B.A.No. 445 of 2008 2 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 1.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 2.2.08 and 3.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer 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. B.A.No. 445 of 2008 3 (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 1.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 1.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 1.2.2008. (R. BASANT) Judge tm