IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1618 of 2008()
1. NITHIN G.K., AGED 17 YEARS
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.C.C.THOMAS (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1618 OF 2008 F
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Dated this the 25th day of March, 2008
O R D E R
Application for anticipatory bail. Petitioner is the 4th
accused. Altogether there are six accused persons. They
face allegations in a crime registered alleging offences
punishable, inter alia, under sections 326 and 307 read with
149 IPC. The incident took place on 20.2.08. The petitioner
has not been arrested so far. He was born on 13.2.1991.
Investigation is in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is innocent. In any view of the matter, the
petitioner, who was a juvenile/child on the date of occurrence,
may be granted anticipatory bail, it is submitted. The
petitioner is writing his examinations now as a plus two
student. In these circumstances, a lenient view may be taken
and anticipatory bail may be granted to the petitioner, it is
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prayed.
3. The learned Public Prosecutor does not oppose the
application. The learned Public Prosecutor only submits that
appropriate conditions may be imposed.
4. I am satisfied, in the facts and circumstances of the
case, that the petitioner can be granted anticipatory bail
subject to appropriate terms and conditions.
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
the petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 1.4.2008. He shall
be released on regular bail on condition that he executes a
bond for Rs.25,000/-(Rupees twenty five thousand only) with
two solvent sureties each for the like sum to the satisfaction of
the learned Magistrate.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 2.4.2008 and 3.4.2008. During this period, the
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investigating officer shall be at liberty to interrogate the
petitioner in custody and take all necessary steps for the
proper conduct of the investigation in this crime. Thereafter,
he shall so appear on all Mondays between 10 a.m and 12
noon for a period of one month and subsequently as and
when directed by the investigating officer in writing to do so.
(iii) If the petitioner does 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 petitioner and deal with him in accordance with
law, as if these directions were not issued at all.
(iv) If he were arrested prior to 1.4.2008, he shall be
released from custody on his executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate
on 1.4.2008.
(R.BASANT, JUDGE)
aks