~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 4th accused in Crime No.68/2012 of Ayiroor Police Station registered for the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code.
3. It is seen that vide order dated 14/8/2012 in B.A. No.5523/2012, order dated 5/9/2012 in B.A. No.6109/2012 and order dated 6/11/2012 in B.A. No.7902/2012, anticipatory bail was granted to most of the accused by this Court.
4. In view of the aforesaid orders , there is no reason for the denial of the same benefit to the present petitioner also. In the result, the bail application is allowed. The petitioner shall surrender before the Investigating Officer within 10 days from the date of this order. After interrogation, the accused shall be produced before the learned Magistrate. If application for bail is filed by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:
(i). The accused shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
(ii). The accused shall make himself available for interrogation by the Investigating Officer and that they should appear before the Investigating Officer on all Fridays and Tuesdays between 9.30 AM to 11.30 AM until further orders.
(iii). The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
(iv). The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(v). The accused shall not leave the State of Kerala without the prior permission of the learned Magistrate.
(vi). The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
(vii). If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law.
dpk Sd/-
(B.KEMAL PASHA, JUDGE)