IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2811 of 2008()
1. SHAJAHAN,
... Petitioner
2. SUDHI,
3. SRI.AJAYA KUMAR,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P. Balachandran, J.
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B.A.No.2811 of 2008
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ORDER
This is an application for anticipatory bail
filed under Section 438 of the Cr.P.C.
2. Petitioners are Accused Nos.1 to 3 in Crime
No.235/08 of Kondotty Police Station, registered
for offences under Sections 448, 323, 324, 326 and
506(i) IPC read with Section 34 thereof. Having
heard the submissions of the counsel for the
petitioners and the Public Prosecutor, I am of the
view that as the police was not able to apprehend
the petitioners till date, though the occurrence
has taken place on 9.4.2008, presence of the
petitioners have to be obtained so as to make
considerable progress in the case by granting them
anticipatory bail.
In the above view, allowing this application, I
direct that the petitioners shall surrender before
the Magistrate concerned positively on or before
13.5.2008 and shall deposit by way of cash security
BA 2811/08 2
an amount of Rs.3,000/- each and shall thereafter
execute bail bond for Rs.20,000/- each with two
solvent sureties each for like sums to the
satisfaction of the Magistrate.
On the above conditions being satisfied, the
petitioners can be enlarged on bail.
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
BA 2811/08 3
himself 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.
6th May, 2008 (K.P.Balachandran, Judge)
tkv