IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7611 of 2007(T)
1. T.K.UNNIKRISHNAN, AGED 33,
... Petitioner
2. C.K.VIMALAN, AGED 55,
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.C.P.UDAYABHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :04/02/2008
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
B.A.No. 7611 of 2007
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 4th day of February, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 and 2 in a crime registered alleging the offence
punishable under Section 420 I.P.C. The defacto complainant
has also entered appearance. It was represented to the Court that
the matter is being settled between the parties. The learned
Prosecutor was requested to take instructions. It is now reported
that the matter has been settled, subject to terms. An amount of
Rs.75,000/- has already been paid to the defacto complainant.
The balance amount of Rs. 4 lakhs remain to be paid. Both sides
agree that there is an agreement that the balance amount of Rs. 4
lakhs will be paid to the defacto complainant by 31.12.2008.
2. The learned counsel for the petitioners prays, the
learned Prosecutor does not oppose the said prayer and I am
satisfied that in view of the settlement between the parties,
anticipatory bail can be granted to the petitioners, subject to
B.A.No. 7611 of 2007
2
appropriate terms and conditions.
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 11.2.2008 at 11 a.m. The learned Magistrate shall release the
petitioners on regular bail on condition that they execute bonds
for Rs.50,000/- (Rupees fifty 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 12.2.08 and 13.2.2008. 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 as and when directed by
the Investigating Officer in writing to do so.
B.A.No. 7611 of 2007
3
) The petitioners shall report to the learned Magistrate by
31.12.2007 that the disputes between them and the alleged victims
have all been settled and the balance amount of Rs. 4 lakhs has been
paid. Till then the petitioners shall report before the Investigating
Officer on the first Monday of all English Calender months between
10 a.m. and 12 noon.
(d) If the petitioners do not appear before the learned Magistrate
as directed in clause (1) above, these directions shall lapse on
11.2.2008 and the police shall be at liberty thereafter to arrest the
petitioners and deal with them in accordance with law.
(3) If the petitioners were arrested prior to their surrender on
11.2.2008 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 11.2.2008.
(R. BASANT)
tm Judge
B.A.No. 7611 of 2007
4
