IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1531 of 2008() ----------------------------- CR.NO.48/2008 OF SREEKANDAPURAM POLICE STATION : PETITIONERS/ACCUSED NO. 1 TO 4 ----------------------------------------------- 1. KADUPPIL THOMAS, S/O.JOHN, VAYAKADI, SREEKANDAPURAM, THALIPARAMBA TALUK, KANNUR. 2. K.P.MUHAMMAD KUNHI, S/O.PAREETH RAVUTHER SREEKANDAPURAM, THALIPARAMBA TALUK, KANNUR. 3. YAKKOOB, ALAKKAL HOUSE, S/O.JACOB, SREEKANDAPURAM, THALIPARAMBA TALUK, KANNUR. 4. ABDUL MUTHALIB, S/O.IBRAHIM, SREEKANDAPURAM, THALIPARAMBA TALUK, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENTS: ------------- THE STATE OF KERALA, REP. BY THE SUB-INSPECTOR OF POLICE, SREEKANDAPURAM POLICE STATION, (THROUGH THE PUBLIC PROSECUTOR OF HONOURABLE KERALA HIGH COURT, ERNAKULAM). BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1531 of 2008 ---------------------------------------- Dated this the 11th day of March 2008 O R D E R Application for anticipatory bail. Petitioners face allegations under Section 353 I.P.C. The crux of the allegations is that the petitioners who are drivers of autorickshaws had illegally obstructed and deterred the Panchayat President from discharging his official duties. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. Suffice it to say that the learned Public Prosecutor fairly points out that no specific overt acts are alleged against any of the alleged miscreants. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17/03/2008. They shall be released on regular bail on condition that they execute B.A.No.1531/08 2 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 19/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear 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 these directions were not issued at all. (iv) If they were arrested prior to 17/03/2008, 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 17/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1531/08 3 B.A.No.1531/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007