IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3732 of 2007()
1. DOMINIC.P, S/O GABRIYAL,
... Petitioner
2. SEBASTIAN.P., S/O GABRIYAL,
3. PIYOOS.P., S/O GABRIYAL,
4. VINU.P., S/O DOMINIC, AGED 33 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY STATION
... Respondent
For Petitioner :SRI.P.M.PAREETH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/06/2007
O R D E R
R.BASANT, J.
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B.A.No.3732 of 2007
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Dated this the 25th day of June 2007
O R D E R
Application for anticipatory bail. The petitioners are four in
number. They have allegedly committed the offence punishable inter
alia under Section 452 I.P.C. That is the only non-bailable offence
alleged against the petitioners now. In the F.I.R, there is no
allegation of commission of any non-bailable offence raised. Incident
had taken place on 30/4/2007. The crime was registered showing
non-bailable offence on 15/5/2007. Subsequently the police, after
investigation, have included the crime under Section 452 I.P.C.
Investigation is in progress. According to the petitioners, there is a
counter case also. They contend that the allegations are totally false
and raised with vexatious intent belatedly. It is prayed that
anticipatory bail may be granted to the petitioners. The learned
Public Prosecutor submits that in the facts and circumstances of this
case, prosecution does not want to oppose the application for
anticipatory bail. Appropriate conditions which shall secure the
interests of a fair, proper and expeditious investigation may be
imposed, submits the learned Public Prosecutor.
2. I am satisfied, in the facts and circumstances of this case
that anticipatory bail can be granted to the petitioners. This petition
B.A.No.3732/07 2
is accordingly allowed. The following directions are issued under
Section 438 Cr.P.C.
i) Petitioners shall surrender before the learned Magistrate
having jurisdiction at 11 a.m on 02/07/2007. They shall be released
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.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m and 1
p.m on 03/07/2007 and thereafter as and when directed by the
investigating officer in writing to do so.
(iii) If the petitioners do not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to arrest
the petitioners and deal with them in accordance with law, as if these
directions were not issued at all.
(iv) If they were arrested prior to 02/07/2007, they shall be
released on bail on their executing a bond for Rs.25,000/- (Rupees
twenty five thousand only) without any sureties, undertaking to
appear before the learned Magistrate on 02/07/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.3732/07 3
B.A.No.3732/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007