IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6521 of 2007()
1. JOBY, S/O JOY,
... Petitioner
2. SAJI MON @ KUMAR,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. STATION HOUSE OFFICER,
For Petitioner :SRI.DILIP MOHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/10/2007
O R D E R
R.BASANT, J.
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B.A.No.6521 of 2007
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Dated this the 29th day of October 2007
O R D E R
Application for anticipatory bail. The petitioners are accused 5
and 9. Accused 7 and 8 have already been arrested and enlarged on
bail. Accused 1,2,3,4 and 6 have already been granted anticipatory
bail by two separate orders. I have considered the application for
anticipatory bail of accused 1,3,4 and 6 as per order dated 24/9/2007
in B.A.No.5717/2007. The alleged incident took place on 29/7/2007.
Facts have been adverted to in detail in the said order dated
24/9/2007 and in these circumstances I am not adverting to facts in
any greater detail in this order. This order must be read in
continuation of that order dated 24/9/2007.
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 herein can also be granted anticipatory bail
subject to appropriate terms and conditions.
3. In the result, this petition is allowed. 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 05/11/2007. They shall be released
on regular bail on condition that they execute bonds for Rs.50,000/-
B.A.No.6521/07 2
(Rupees fifty 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 3
p.m on 6/11/2007 and 7/11/2007 and thereafter on all Mondays and
Fridays between 10 a.m and 12 noon for a period of two months.
Subsequently the petitioners shall so appear 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 05/11/2007, 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 05/11/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.6521/07 3
B.A.No.6521/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007