High Court Kerala High Court

Omana vs State Of Kerala on 2 May, 2008

Kerala High Court
Omana vs State Of Kerala on 2 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2536 of 2008()


1. OMANA, W/O.MANIYAN,
                      ...  Petitioner
2. SINDHU, D/O.OMANA, DO. DO.

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :02/05/2008

 O R D E R
                             R. BASANT, J.
                   - - - - - - - - - - - - - - - - - - - - - -
                      B.A.No. 2536 of 2008
                   - - - - - - - - - - - - - - - - - - - - - -
                Dated this the 2nd day of May, 2008

                                O R D E R

Application for anticipatory bail. The petitioners are

accused 4and 5. They face allegations in a crime registered

under Sections 468, 471 and 120 I.P.C. Accused 1and 2 had

allegedly offered themselves as sureties for an accused before the

Court producing fake/forged documents. Crime was registered.

In the course of the investigation the petitioner has been arrayed

as an accused.

2. The crux of the allegations against the petitioners is that

it was the mother of the accused in the main case, who contacted

the petitioners to secure for her sureties to secure the release of

the accused in that case.

3. The learned counsel for the petitioners prays, the

learned Prosecutor does not oppose the said prayer and I am

satisfied, in the facts and circumstances, that anticipatory bail can

B.A.No. 2536 of 2008
2

be granted to the petitioners, subject to appropriate terms and

conditions.

4. In the result:

(1) These applications are allowed.

(2) The following directions are issued under Section 438

Cr.P.C.

(a) The petitioners shall surrender before the learned Magistrate

on 9.5.2008 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 10.5.2008 and 11.5.2008. During this period, the investigators

shall be at liberty to interrogate the petitioners in custody and take all

necessary steps in connection with the investigation. Thereafter they

shall appear before the Investigating Officer on all Mondays between

B.A.No. 2536 of 2008
3

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.

(c) If the petitioners do not appear before the learned Magistrate

as directed in clause (1) above, these directions shall lapse on 9.5.08

and the police shall be at liberty thereafter to arrest the petitioners and

deal with them in accordance with law.

(d) If the petitioners were arrested prior to their surrender on

9.5.2008 as directed in clause (1) above, they shall be released on

bail on their executing bonds for Rs.25,000/- each without any surety

undertaking to appear before the learned Magistrate on 9.5.2008.

(R. BASANT)
Judge

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