1.Rule. Mr.A.Y.Kogje learned Addl. Public Prosecutor for the State waives the service.
2.Heard learned advocate Mr.Tolia for the applicants and Mr.A.Y.Kogje learned Addl. Public Prosecutor for the respondent - State.
3.Considering the FIR and that the allegations are against other accused, anticipatory bail deserves to be granted to the applicants.
4.In the event of the arrest of the applicants in connection with M.Case No.5 of 2004 of Bhavnagar City "A" Division Police Station, they shall be released on bail in respect of offence/s alleged against them in this application on their executing a bond of Rs.5000/- (Rupees Five thousand only) each with one surety each of the like amount, by the concerned Police Officer and on conditions that they shall,
(a) remain present before the Trial Court regularly as and when directed on the dates fixed;
(b) remain present at Bhavnagar City "A" Division Police Station on 17.1.2005 between 9 A.M. and 2.00 P.M.;
(c) make themselves available for interrogation by a Police Officer, whenever and wherever required;
(d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;
(e) not to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(f) at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change his residence till the final disposal of the case or till further orders;
(g) not leave India without the permission of the Court and, if having passport, shall deposit the same before the Trial Court within a week.
5.It would be open to the Investigating of Officer to file an application for remand if he considers it proper and just; and the learned Magistrate would decide it on merits.
6.This order will hold good if the applicants are arrested at any time within 90 days from today. The order for release on bail will remain operative only for a period of ten days from the date of their arrest. Thereafter, it will be open to the petitioners to make a fresh application for being enlarged on bail in usual course which when it comes before the competent Court, will be disposed of in accordance with law, having regard to all the attending circumstances and the materials available at the relevant time uninfluenced by the fact that Anticipatory Bail was granted.
7.Rule is made absolute. Direct service is permitted.
[ A. L. DAVE, J. ] (vipul)