IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Bail Appl..No. 373 of 2008() ---------------------------- CRIME NO. 25/08 OF PUNALUR POLICE STATION PETITIONER/ACCUSED ----------------------------------- SAJEEV, AGED 33, S/O. MUHAMMED RAWTHER, SAJEEV VILASAM, VAZHATHOPU, PIRAVANTHOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA - REP.BY S.I. OF POLICE, PUNALUR, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 373 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the sole accused. He faces allegations under Sections 452 and 353 I.P.C. The alleged incident took place on 7.1.2008. The defacto complainant is a Forest watcher. The petitioner is a loading and unloading worker. It appears that there was some dispute between the petitioner and the defacto complainant regarding the precise site at which the load was to be unloaded. In the course of that dispute, it is alleged that the petitioner had committed overt acts against the defacto complainant. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of B.A.No. 373 of 2008 2 the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, I am satisfied. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 30.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 31.1.08 and 1.2.2008 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 373 of 2008 3 (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 30.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 30.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 30.1.2008. (R. BASANT) Judge tm