IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 909 of 2008()
1. HABEEB REHMAN, S/O. MUHAMMED,
... Petitioner
2. ASHRAF, S/O. MUHAMMED,
3. MUNEER, AGED 28 YEARS,
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.R.BINDU (SASTHAMANGALAM)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :15/02/2008
O R D E R
R.BASANT, J.
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B.A.No.909 of 2008
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Dated this the 15th day of February 2008
O R D E R
Application for anticipatory bail. The petitioners face
allegations in a crime registered alleging offences punishable
inter alia under Section 308 I.P.C. One of the co-accused, the
third accused, who faces identical allegations like the petitioners
have already been granted anticipatory bail by this court as per
Annexure 1 order dated 4/2/2008 in B.A.No.641/2008. I have
adverted to facts in detail in the order dated 04/02/2008 referred
above. It is not necessary for me to advert to facts in any greater
detail in this order.
2. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that the petitioners can be granted anticipatory bail
subject to identical conditions as were imposed on the co-
accused.
3. In the result, this petition is allowed in part.
Following directions are issued under Section 438 Cr.P.C in
favour of the petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 22/02/2008. They
B.A.No.909/08 2
may file application for regular bail after giving sufficient prior
notice to the learned Prosecutor in charge of the case.
Appropriate orders shall be passed by the learned Magistrate
expeditiously on the application of the petitioner and on any
other application, which the police may file, and pass
appropriate orders thereon. The petitioners shall abide by the
orders which the learned Magistrate may pass on such
application.
(ii) 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.
(iii) If they were arrested prior to 22/02/2008, they shall
be released from custody on their executing a bond for
Rs.50,000/- (Rupees fifty thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
22/02/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.909/08 3
B.A.No.909/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007