IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2536 of 2008()
1. OMANA, W/O.MANIYAN,
... Petitioner
2. SINDHU, D/O.OMANA, DO. DO.
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/05/2008
O R D E R
R. BASANT, J.
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B.A.No. 2536 of 2008
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Dated this the 2nd day of May, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 4and 5. They face allegations in a crime registered
under Sections 468, 471 and 120 I.P.C. Accused 1and 2 had
allegedly offered themselves as sureties for an accused before the
Court producing fake/forged documents. Crime was registered.
In the course of the investigation the petitioner has been arrayed
as an accused.
2. The crux of the allegations against the petitioners is that
it was the mother of the accused in the main case, who contacted
the petitioners to secure for her sureties to secure the release of
the accused in that case.
3. The learned counsel for the petitioners prays, the
learned Prosecutor does not oppose the said prayer and I am
satisfied, in the facts and circumstances, that anticipatory bail can
B.A.No. 2536 of 2008
2
be granted to the petitioners, subject to appropriate terms and
conditions.
4. In the result:
(1) These applications are allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate
on 9.5.2008 at 11 a.m. The learned Magistrate shall release the
petitioners on regular bail on condition that they execute bonds for
Rs.25,000/- (Rupees twenty five thousand only) each with two solvent
sureties each for the like sum to the satisfaction of the learned
Magistrate.
(b) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m. and 3
p.m. on 10.5.2008 and 11.5.2008. During this period, the investigators
shall be at liberty to interrogate the petitioners in custody and take all
necessary steps in connection with the investigation. Thereafter they
shall appear before the Investigating Officer on all Mondays between
B.A.No. 2536 of 2008
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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 petitioners do not appear before the learned Magistrate
as directed in clause (1) above, these directions shall lapse on 9.5.08
and the police shall be at liberty thereafter to arrest the petitioners and
deal with them in accordance with law.
(d) If the petitioners were arrested prior to their surrender on
9.5.2008 as directed in clause (1) above, they shall be released on
bail on their executing bonds for Rs.25,000/- each without any surety
undertaking to appear before the learned Magistrate on 9.5.2008.
(R. BASANT)
Judge
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