Sivadas P.B. vs State Of Kerala on 26 September, 2007

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Kerala High Court
Sivadas P.B. vs State Of Kerala on 26 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5831 of 2007()


1. SIVADAS P.B., AGED 25 YEARS,
                      ...  Petitioner
2. VINOD.C., AGED 22 YEARS,
3. PRADHEEP.A., AGED 22 YEARS, S/O.RAJAN,
4. SASI.C., AGED 21 YEARS,
5. K.ARUN KUMAR, AGED 21 YEARS,
6. RANJITH E., AGED 19 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :26/09/2007

 O R D E R
                              R.BASANT, J
                     = = = = = = = = = = = = =
                         B.A.No.5831 of 2007
                    = = = = = = = = = = = = = =

              Dated this the 26th day of September, 2007

                                  ORDER

Application for anticipatory bail. The petitioners are accused 2 to

8 in a crime registered for offences punishable, inter alia, under

Secs.326 and 308 read with 149 IPC. Subsequently in the course of

investigation, allegation under Sec.326 IPC is not pressed.

2. Investigation is in progress. Accused 1 and 2 have come to

this Court earlier seeking anticipatory bail and this Court by order

dated 10th September,2007 in B.A.No.5285/2007 had granted

anticipatory bail subject to conditions to accused 1 and 2 . Accused

No.1 was named in the FIR also.

3. The learned counsel for the petitioners prays, the learned

Public Prosecutor does not oppose the said prayer and I am satisfied ,

in the facts and circumstances of the case, that anticipatory bail can

be granted to the petitioners herein who are not named in the FIR,

subject to identical conditions as were imposed on the co- accused.

4. In the result this petition is allowed. The following directions

are issued under Sec.438 Cr.P.C

i) Petitioners shall surrender before the learned Magistrate

having jurisdiction at 11 a.m on 3.10.2007.

ii) They shall be released on regular bail on condition that

B.A.No.5831 of 2007 2

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.

iii) The petitioner shall make himself available for interrogation

before the investigating officer between 10 a.m and 12 noon on

4.10.2007, 5.10.2007 and 6.10.2007 and thereafter the petitioners

shall so appear as and when directed by the investigating officer in

writing to do so.

(iv) The petitioners shall not enter the jurisdiction of Shornur

police station until further orders except for the purpose of complying

with condition No.iii above.

(v) If the petitioners do 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

petitioners and deal with them in accordance with law, as if these

directions were not issued at all.

(vi) If they were arrested prior to 3.10.2007, they shall be

released on bail on their executing a bond for Rs.25,000/- (Rupees

twenty five thousand only) without any sureties, undertaking to appear

before the learned Magistrate on 3.10.2007.

(R.BASANT, JUDGE)
sj
/TRUE COPY/

P.A.TO JUDGE

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