SANTHOSH N B Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS, who are brothers and who are the brothers-in-law of one Unni who is the brother of the de facto complainant and who is allegedly missing since 5.1.2007, seeks anticipatory bail on the allegation that they are apprehending arrest by the Kaliyar Police who have registered a case as Crime No.5/07 for an offence punishable under section 365 read with section 34 IPC.

(2.) LEARNED Public Prosecutor on instructions submitted that even though the petitioners are arrayed as accused 1 and 2 in the above crime, the investigation could not be proceeded with, since the whereabouts of the missing person are still unknown to the Police. If so, the apprehension of arrest and harassment entertained by the petitioners appears to be well founded. Hence, I am inclined to grant anticipatory bail to the petitioners. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release petitioners on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs.10,000/- with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: