IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 445 of 2008()
1. JOBY MATHEW, S/O. MATHEW, AGED 24 YEARS,
... Petitioner
Vs
1. STATION HOUSE OFFICER, ALAKODE POLICE
... Respondent
For Petitioner :SRI.V.A.SATHEESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 445 of 2008
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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
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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.
(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
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(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
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