IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 170 of 2008()
1. R.VIVEK, AGED 21, S/O.V.RAMAN KUTTY,
... Petitioner
Vs
1. STATION HOUSE OFFICER, NEMMARA POLICE
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.H.BADARUDDIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 170 of 2008
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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
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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
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(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
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