IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 989 of 2008()
1. SOLOMON HENRY, AGED 32 YEARS,
... Petitioner
2. JOSEPH, AGED 34 YEARS,
3. BIATRIZ, AGED 29,
4. SHAJI, AGED 29,
5. JEROME ABEL, AGED 35 YEARS,
6. PODIMON, AGED 35 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :26/02/2008
O R D E R
R.BASANT, J.
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B.A.No.989 of 2008
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Dated this the 26th day of February 2008
O R D E R
Application for anticipatory bail. Petitioners are accused 1
to 6. All of them are named in the F.I.R which was registered in
respect of an incident which took place on 4/2/2008 for offences
punishable inter alia under Section 452 read with 149 I.P.C.
2. The crux of the allegations is that the parties who are
in loggerheads were involved in an incident which took place in
the church earlier in that morning. The third accused and the
de facto complainant, both women, had an altercation. Because
of such animosity, all the accused persons allegedly trespassed
into the house of the de facto complainant and indulged in
wanton acts of mischief and violence. Crime has been
registered. Investigation is in progress. Petitioners apprehend
imminent arrest.
2. 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 this case that the
petitioners can be granted anticipatory bail subject to
appropriate terms and conditions.
B.A.No.989/08 2
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 04/03/2008. They
shall be released 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.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 06/03/2008 and 07/03/2008. During this period,
the investigating officer shall be at liberty to interrogate the
petitioners in custody and take all necessary steps for the proper
conduct of the investigation in this crime. Thereafter the
petitioners shall so appear as and when directed by the
investigating officer in writing to do so.
(iii) 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
B.A.No.989/08 3
arrest the petitioners and deal with them in accordance with law,
as if these directions were not issued at all.
(iv) If they were arrested prior to 04/03/2008, they shall
be released from custody 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
04/03/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.989/08 4
B.A.No.989/08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007