IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1158 of 2008() ----------------------------- CRIEM NO.174 OF 2008 OF KOTTORAKKARA POLICE STATION PETITIONERS : ACCUSED ------------------------ 1. HARIKUMAR,S/O.BHARGAVAN PILLAI REVATHI,KOTTARAKKARA, KOLLAM. 2. KANNATTU RAVI, S/O. SREEDHARAN NAIR KANNATTU HOUSE,KOTTARAKKARA KOLLAM. 3. UNNIKRISHNAN,S/O.APPUKUTTAN PILLAI REMA MANDIRAM,KOTTARAKKARA, KOLLAM. 4. SHAHEER,S/O.ABDUL RAZHEED KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOTTARAKKARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1158 of 2008 ------------------------------------- Dated this the 28th day of February, 2008 ORDER Application for anticipatory bail. Petitioners face allegations for offences punishable, inter alia, under Section 332 I.P.C and Section 3 of the P.D.P.P Act. The alleged incident took place on 13.02.08. The accused persons allegedly trespassed into the Electricity Board office and indulged in acts of physical violence and mischief inside the said office. The petitioners are accused 1 to 4. Altogether only 4 accused have been arrayed. 2. The learned counsel for the petitioners submits that the petitioners are innocent. For four long days, the power supply in the area was interrupted. No action was taken and no interest was shown by the employees of the K.S.E.B to redress the grievance of the local people. The local people therefore cutting across political loyalties had staged a demonstration. There were bitter disputes and quarrels with the employees of the K.S.E.B on account of this. Totally false and vexatious allegations are raised now against certain persons who belong to one political group. Employees of the K.S.E.B have conveniently chosen not to make any allegations against others. But the B.A.No.1158 of 2008 2 petitioners are picked out for initiation of vexatious criminal proceedings against them. Police station is situated close to the scene of the occurrence and it is significant that the police do not claim to have any knowledge about the incident. The learned counsel for the petitioners further relies on the circumstance that the injured persons had not gone to the local Government hospital but had gone to a private hospital. They were drunk and that is the reason why they did not muster courage to go before a Government doctor. In any view of the matter, the petitioners may be granted anticipatory bail. They shall co-operate with the investigators and make themselves available for interrogation, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The wound certificate of 4 persons who had allegedly suffered injuries have been read over to me. Subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation, I am satisfied that, anticipatory bail can be granted to the petitioners. B.A.No.1158 of 2008 3 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 06.03.08. They shall be enlarged on regular bail on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 4 p.m on 10.03.08 and 11.03.08 and thereafter between 10 a.m and 12 noon on all Mondays for a period of one month. Subsequently the petitioners shall make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioners do 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 petitioners and deal with them in accordance with law as if those directions were not issued at all; B.A.No.1158 of 2008 4 iv) If the petitioners were arrested prior to their surrender on 06.03.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 06.03.08. (R.BASANT, JUDGE) rtr/-