IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2325 of 2009()
1. ARUN S.BABY,S/O.SAMUEL BABY,
... Petitioner
Vs
1. STATE OF KERALA REP.BY THE SUB INSPECTOR
... Respondent
For Petitioner :SRI.T.GOPALAKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :12/05/2009
O R D E R
C.T. RAVIKUMAR, J.
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B.A. No. 2325 OF 2009
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Dated this the 12th day of May, 2009
O R D E R
The 2nd accused in Crime No.321/09 of Adoor Police
Station alleging commission of offence punishable under sections
143, 147, 148, 149 and 308 IPC is the petitioner herein. The case
of the prosecution is that on 21.3.2009 at about 4.30 p.m. some
identifiable persons assaulted the de facto complainant and his
friends, who are engineering students, with wooden sticks and
they sustained injuries. The 1st accused in the said crime had
earlier approached this Court by filing B.A. No.1619/2009 and the
same was disposed of by this Court by order dated 31.3.2009.
The petitioner prays that being the 2nd accused he may also be
given the benefit of such an order.
2. Anticipatory bail cannot be granted in a case of this
nature. However, the petitioner can be permitted to surrender
before the investigating officer for the purpose of interrogation and
to have his application for regular bail considered by the
Magistrate having jurisdiction. The said prayer of the 1st accused
BA.2325/09
: 2 :
was granted by this Court as per order dated 31.3.2009. I think
the petitioner herein can also be afforded with such an opportunity.
Accordingly, the petitioner shall surrender before the investigating
officer in the said crime on any day between 19.5.2009 and
22.5.2009 for the purpose of interrogation and recovery of
incriminating material, if any. In the event of such surrender, the
petitioner shall be produced before the concerned Magistrate by
the investigating officer on the same day itself and if an application
for regular bail is moved by the petitioner, the Magistrate shall
consider the same, preferably on the same day on which it is
moved. On being convinced that the petitioner has been
interrogated by the police, the Magistrate, after such
consideration, shall release the petitioner on bail as ordered in the
case of the 1st accused in Crime No.321/09, on the petitioner
executing a bond for Rs.25,000/- (Rupees twenty five thousand
only) with two solvent sureties each for the like amount to the
satisfaction of the Magistrate and subject to the following
conditions:
BA.2325/09
: 3 :
(i) the petitioner shall report before the investigating
officer between 9 am and 11 am on all Wednesdays.
(ii) The petitioner shall make himself available for
interrogation including custodial interrogation as and when
required by the investigating officer.
(iii) The petitioner shall not commit any offence while on
bail.
(iv) If the petitioner commits breach of any of the above
conditions, the bail granted to him shall be liable to be cancelled.
The bail application is disposed of as above.
(C.T. RAVIKUMAR, JUDGE)
aks