IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2850 of 2008()
1. RATHEEB, S/O.RAVI, KUNDOLI HOUSE,
... Petitioner
2. PAULOSE, S/O.JOSEPH,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE TOWN CIRCLE INSPECTOR, KANNUR.
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P.BALACHANDRAN, J.
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B. A. No.2850 of 2008
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Dated this the 6th day of May, 2008
ORDER
This is an application for anticipatory bail filed under Section
438 of the Cr.P.C.
Petitioners are accused Nos.3 and 4 in Crime No.101/08 of
Mannuthy Police Station registered for offences under Sections 417,
419, 467 and 468 of the IPC read with Section 34 thereof.
Heard submissions of counsel for the petitioners and the
Public Prosecutor. Grant of anticipatory bail in the nature of the
allegations against the petitioners is certainly not to impede with the
investigation in the case and for an effective investigation being
conducted in the case, it is absolutely necessary that the petitioners
are also questioned. Hence, it is only proper that anticipatory bail is
granted to the petitioners imposing stringent conditions.
In the result, allowing this application, I direct that the
petitioners shall surrender before the Magistrate concerned positively
on or before 13/5/2008 and shall deposit by way of cash security an
amount of Rs.3,000/- each and shall thereafter execute bail bond for
B. A. No.2850 of 2008 -2-
Rs.15,000/- each with two solvent sureties each for the like sums to
the satisfaction of the Magistrate.
On the above conditions being satisfied the petitioners can be
enlarged on bail.
On such release, the petitioners shall appear before the
Investigating Officer between 10 a.m. and 12 noon on all days for a
period of two weeks and thereafter on every alternate days for a
period of one month and thereafter on all Tuesdays and Fridays only
till the investigation in the case is over and final report is laid.
The above directions shall not stand in the way of the
Investigating Agency seeking for custodial interrogation of the
petitioners, if need be, and the Magistrate granting it if deemed fit,
necessary and legal.
On release, the petitioners shall co-operate with the
investigation in the case, shall not get themselves involved in
commission of any offence, shall not influence or intimidate the
witnesses in the case and shall not, except for the purpose of
appearing before the Investigating Officer, move beyond the
territorial limits of the town in which they are having their permanent
residence, the details of which shall be furnished to the Court and to
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the Investigating Officer immediately on release on bail.
K.P.BALACHANDRAN,
JUDGE
kns/-