IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 355 of 2007()
1. SANTHOSH N.B., AGED 34 YEARS,
... Petitioner
2. SAJESH N.B., AGED 29 YEARS,
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/02/2007
O R D E R
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 355 OF 2007
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DATED THIS THE 2nd DAY OF FEBRUARY, 2007
O R D E R
Petitioners, who are brothers and who are the brothers-in-law of
one Unni who is the brother of the de facto complainant and who is
allegedly missing since 5.1.2007, seeks anticipatory bail on the
allegation that they are apprehending arrest by the Kaliyar Police who
have registered a case as Crime No.5/07 for an offence punishable
under section 365 read with section 34 IPC.
2. Learned Public Prosecutor on instructions submitted that
even though the petitioners are arrayed as accused 1 and 2 in the
above crime, the investigation could not be proceeded with, since the
whereabouts of the missing person are still unknown to the Police. If
so, the apprehension of arrest and harassment entertained by the
petitioners appears to be well founded. Hence, I am inclined to grant
anticipatory bail to the petitioners. Accordingly, a direction is issued
to the officer-in-charge of the police station concerned to release
petitioners on bail for a period of one month in the event of their
arrest in connection with the above case on each of them executing a
bond for Rs.10,000/- with two solvent sureties each for the like
amount to the satisfaction of the said officer and subject to the
following conditions:
B.A.NO.355/06 Page numbers
1. Petitioners shall report before the Investigating
Officer between 9 a.m. and 11 a.m. on all Wednesdays.
2. Petitioners shall make themselves available for
interrogation as and when required by the Investigating
Officer.
3. Petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to tamper
with the evidence for the prosecution.
4. Petitioners shall not commit any offence while on
bail.
5. Petitioners shall surrender before the Magistrate
concerned and seek regular bail in the meanwhile.
If the petitioners commit breach of any of the above conditions,
the bail granted to them shall be liable to be cancelled.
This application is allowed as above.
V.RAMKUMAR,JUDGE.
dsn