IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2247 of 2008() ----------------------------- CRIME NO. 34/08 OF VATANAPPILLY POLICE STATION PETITIONERS ---------------------------- 1. ANEESH A.A.,S/O. ANILAN ALAPPUZHA CHAKKAMADATHIL HOUSE THALIKULAM VILLAGE,THRISSUR 2. SHIJIL T.B,S/O. BALAN THIRUVADATH HOUSE, THALIKULAM VILLAGE THRISSUR. BY ADV. SRI.K.I.SAGEER RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE (CRIME NO. 34 /2008 OOF VADANAPPILLY POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2247 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable under Section 279 I.P.C. and Section 3 of the PDPP Act. The crux of the allegations is that the petitioners drove a vehicle in a rash and negligent manner along the public road and in that process caused damage to the property belonging to the K.S.E.B. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that even if the entire allegations were accepted, it is a case of unintentional conduct on the part of the petitioners and even allegedly it was only a rash and negligent act. In these circumstances it is prayed that the petitioners may be granted anticipatory bail. B.A.No. 2247 of 2008 2 3. The learned Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances, that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 17.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.4.2008 and 19.4.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. B.A.No. 2247 of 2008 3 (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.4.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 17.4.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 17.4.2008. (R. BASANT) Judge tm