IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1762 of 2008() ----------------------------- CRIME NO.797/07 OF HOSDURG POLICE STATION PETITIONER/ACCUSED NO.6: ----------------------------------------- SUBAIR M., S/O. ABDULLA, AGED 19 YEARS, MOILAKIRIYATH HOUSE, MEDIYAN, AJANUR VILLAGE, KASARGODE. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1762 of 2008 ------------------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is the 6th accused. He faces allegations in a crime registered alleging offences punishable, inter alia, under Secs.324 and 308 of the IPC. In the F.I.R. no accused person is named specifically. About 20 unnamed persons are shown as accused in the F.I.R. Accused 1 to 3 have already been arrayed as accused, arrested and enlarged on bail. Another co-accused i.e., the 4th accused, had come before this Court and by order dated 30/1/08 in B.A.No.420/08 the said petitioner was granted anticipatory bail. 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 herein can also be granted B.A. No. 1762 of 2008 -: 2 :- anticipatory bail subject to identical conditions as were imposed on the said co-accused. 3. The learned Public Prosecutor concedes that the nature of the allegations against the petitioner is identical to the allegations raised against the said 4th accused. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 27/3/08. He shall be released on regular bail on his executing a bond for Rs.50,000/- with two 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 28/3/08 and 29/3/08 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, he shall so make himself available for interrogation before the Investigating Officer 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 B.A. No. 1762 of 2008 -: 3 :- arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to his surrender on 27/3/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 27/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge