IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1775 of 2008() ----------------------------- CRIME NO.636/2005 OF KONDOTTY POLICE STATION PETITIONER/ACCUSED NO.3 : ----------------- PARAMBATTUPALLIYALI MUHAMMEDKUTTY, S/O.MOOSA HAJI, SAFA MANZIL, KANJIRAPARAMBU, KNODOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE - THOUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1775 of 2008 ---------------------------------------- Dated this the 19th day of March 2008 O R D E R Application for anticipatory bail. The petitioner is the third accused. Altogether there are three accused persons. 50 litres of F.M.F.L were allegedly stored for sale by accused 1 and 2 in a building belonging to the petitioner which was in the possession of the first accused. The first accused is the brother-in-law of the petitioner herein (third accused). The petitioner is employed abroad. During the absence of the petitioner in India, his house was occupied by the first accused. Seizure was effected on 03/11/2005. Investigation is in progress. Final report has not been filed yet. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that there is not a scintilla of material to even remotely suggest that the alleged illegal activity was going on with the knowledge, consent or participation of the petitioner. Without any material, the petitioner, a person who is a resident abroad, has been unnecessarily brought on the array of accused. He may be granted anticipatory bail. He may be saved of the trauma of undeserved arrest and detention, submits the learned counsel for the petitioner. B.A.No.1775/08 2 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that no specific material to connect the petitioner with the crime has so far been procured though it is seen that the house in question belongs to the petitioner herein. I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail. Appropriate conditions can of course be imposed. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 27/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 28/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody B.A.No.1775/08 3 and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does 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 arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 27/03/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 27/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1775/08 4 B.A.No.1775/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007