IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5703 of 2007()
1. BIJU N. GEORGE, S/O. AVIRA VARKEY,
... Petitioner
2. BASTIN P., S/O. P.T.DEVASSIA,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.LIJI.J.VADAKEDOM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/10/2007
O R D E R
R. BASANT, J.
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B.A.No. 5703 of 2007
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Dated this the 8th day of October, 2007
O R D E R
Application for anticipatory bail. The petitioners face
allegations in a crime registered for offences punishable, inter alia,
under Section 392 r/w. 34 I.P.C. The learned counsel for the
petitioners submits that, as a matter of fact, there are no elements of
the offence alleged in the transaction in question. More over, the
parties have settled the dispute and have entered into an agreement.
The fact has been reported to the police also. In these circumstances
the petitioners may be granted anticipatory bail, prays the counsel.
2. The learned Prosecutor, on instructions, submits that the
parties have settled their disputes and the police have no objection in
anticipatory bail being granted to the petitioners.
3. I am satisfied that directions under Section 438 Cr.P.C.
can be issued in favour of the petitioners, subject to appropriate terms
and conditions,
4. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
B.A.No. 5703 of 2007
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(a) The petitioners shall surrender before the learned Magistrate on
15.10.2007 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 as and when directed by the Investigating
Officer in writing to do so.
(d) If the petitioners do not appear before the learned Magistrate as
directed in clause (1) above, these directions shall lapse on 15.10.07 and the
police shall be at liberty thereafter to arrest the petitioners and deal with
them in accordance with law.
(b) If the petitioners were arrested prior to their surrender on
15.10.2007 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 1510.2007.
(R. BASANT)
tm Judge
B.A.No. 5703 of 2007
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