IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4389 of 2007()
1. SAM @ KOCHUMON, S/O.GEORGE,
... Petitioner
2. DANIEL @ MONCHEN, VAZHAKUNNATHU VEEDU,
3. JESSY SAMUEL, VADAKKEL HOUSE,
4. JIMMY, S/O JOHN, MANHUMELKUDIYIL HOUSE,
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.V.K.SUNIL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 4389 of 2007
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Dated this the 24th day of July, 2007
O R D E R
Application for anticipatory bail. The petitioners are accused
1 to 4 in a crime registered as Crime No.222 of 2007 of
Pazhayannoor Police Station (not Crime No. 224/07 as shown in the
petition). That crime has been registered under Sections 406 and 420
I.P.C. on the basis of a private complaint filed, which was referred to
the police under Section 156(3) Cr.P.C. There was an agreement that
the first accused shall marry the defacto complainant. Accused 2 to
4 are the relatives of the first accused. The arrangement for the
marriage had progressed. The marriage had to be postponed on two
occasions. Later the first accused resiled from the promise. The
amount received as also the dresses were returned. The grievance of
the defacto complainant is that the first accused, in collusion with his
relatives, had wilfully retracted from the promise to marry.
Investigation is in progress. The petitioners apprehend imminent
arrest.
B.A.No. 4389 of 2007
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2. The learned counsel for the petitioners prays, the learned
Prosecutor does not seriously oppose the said prayer and I am satisfied in
the facts and circumstances indicated above, that this is a fit case where
anticipatory bail can be granted to the petitioners, subject to appropriate
conditions. Such conditions can be imposed which shall ensure the
interests of a fair, efficient and expeditious investigation.
3. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438 Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate on
31.7.2007 at 11 a.m. The learned Magistrate shall release the petitioners on
regular bail on condition that the petitioners 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 1.8.2007
and 2.8.07 and thereafter 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.
B.A.No. 4389 of 2007
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(c) If the petitioners do not appear before the learned Magistrate as
directed in clause (1) above, these directions shall lapse on 31.7.07 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 his surrender on 31.7.2007
as directed in clause (1) above, they shall be released from custody on
their executing bonds for Rs.25,000/- without any surety undertaking to
appear before the learned Magistrate on 31.7.2007.
4. It is submitted that the first accused is not available in India and
cannot comply with these conditions. The benefit of this order can be
availed only by the petitioners, who surrender before the learned Magistrate
as directed.
(R. BASANT)
Judge
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