IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6017 of 2007(K)
1. KAPPADAN BALAKRISHNAN,
... Petitioner
2. M.P.BAIJU,S/O. BALAKRISHNAN, RESIDING
3. M.P.LIJU,RESIDING AT DO...DO...
4. M.P.RIJU,RESIDING
5. N.BIJU,S/O. KUNHIKANNAN,
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
2. STATE REP.BY PUBLIC PROSECUTOR
For Petitioner :SRI.CIBI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/10/2007
O R D E R
R. BASANT, J.
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B.A.No. 6017 of 2007
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Dated this the 4th day of October, 2007
O R D E R
Application for anticipatory bail. The petitioners are accused 1
to 5. They face allegations of having committed offences punishable,
inter alia, under Sections 452 and 324 I.P.C. The petitioners and the
victims are neighbours. They are related to each other also, it is
submitted. There is a boundary dispute between them. A counter
case is also registered by them. The investigation is in progress. The
petitioners apprehend imminent arrest.
2. Learned counsel for the petitioners prays, learned
Prosecutor does not oppose the said prayer and I am satisfied that
this is a fit case where directions under Section 438 Cr.P.C. can be
issued in favour of the petitioners. Appropriate conditions to
facilitate a proper, fair and expeditious investigation can, of course,
be imposed.
3. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
B.A.No. 6017 of 2007
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(a) The petitioners shall surrender before the learned Magistrate on
10.10.2007 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 between 10 a.m. and 3 p.m. on 11.10.07
and 12.10.2007. During this period, the petitioners can be questioned in
custody and necessary steps for a proper investigation taken by the
Investigating Officer. Thereafter they shall appear on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of two months and
subsequently 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 10.10.07 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
10.10.2007 as directed in clause (1) above, they shall be released on bail on
B.A.No. 6017 of 2007
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their executing bonds for Rs.25,000/- each without any surety undertaking
to appear before the learned Magistrate on 10.10.2007.
(R. BASANT)
Judge
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