IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 127 of 2008() ---------------------------- CRIME NO.759/2007 OF CHAVAKKAD POLICE STATION PETITIONER: ACCUSED: ------------------------- ANIL KUMAR, AGED 28 YEARS, S/O.KUNHAN, AACHI HOUSE, ERATTAPUZHA, BLANGAD, CHAVAKKAD. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: STATE: ------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.127 of 2008 ---------------------------------------- Dated this the 11th day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under Section 332 I.P.C. Three persons in two motor cycles were proceeding and the victim who was a traffic constable had stopped the first accused, who had allegedly violated traffic regulations. While the necessary notice was being written, the petitioner had allegedly assaulted the de facto complainant. The petitioner pushed the de facto complainant, he fell down and suffered injuries. The petitioner allegedly went away from the scene of the crime. 2. The learned counsel for the petitioner submits that the allegations are totally false. The petitioner is a respectable social worker. He had occasion to make certain complaints against the de facto complainant. Because of such animosity, totally false allegations are being raised against the petitioner. At any rate, the petitioner, who apprehends torture at the hands of the police if he surrenders before him, may be permitted to surrender in peace before the learned Magistrate and seek regular bail in the ordinary course, submits the learned counsel for the petitioner. B.A.No.127/08 2 3. The learned Public Prosecutor opposes the application for anticipatory bail; but has no objection, if the petitioner were directed to surrender before the learned Magistrate and seek regular bail. 4. I am, in these circumstances, satisfied that directions under Section 438 Cr.P.C can be issued in favour of the learned Magistrate to facilitate his surrender before the learned Magistrate without the threat and risk of arrest in custody before the police except through the learned Magistrate. 5. In the result, this petition is allowed in part. 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 21/01/2008. The petitioner may apply for regular bail after giving sufficient prior notice to the prosecutor in charge of the case. The learned Magistrate shall proceed to pass appropriate orders on merits on such bail application expeditiously and the petitioner shall thereafter comply with the orders in the bail application. (ii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A.No.127/08 3 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 21/01/2008, 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 21/01/2008. 6. The investigating officer can also make appropriate application before the learned Magistrate when the petitioner so surrenders. (R.BASANT, JUDGE) jsr B.A.No.127/08 4 B.A.No.127/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007