IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 322 of 2008() ---------------------------- CRIME NO.464/07 OF SREEKARIYAM POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ P.L. AJI KUMAR, AGED 38 YEARS, S/O. PANKAJAKSHAN, REJI NIVAS, KALLAMPALLY, SREEKARYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS: STATE: ------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.464 OF 2007 OF SREEKARIYAM POLICE STATION). BY P.P. SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 322 OF 2008 ------------------------------------------------- Dated this the 22nd day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable under Secs.454 and 392 of the IPC. The de facto complainant is a woman. She alleged that a shop room belonging to her is in her possession and that she is running a chicken store in that building. The petitioner is alleged to have broken open the lock of the said chicken store, entered the premises and had allegedly taken away an amount of Rs.400/- which was kept in the drawer of the table in that store. The de facto complainant, who resides close by, had allegedly come to the scene of the crime. She had attempted to resist the petitioner taking away the amount. At that point, she was attacked and the cash was taken away by him after assaulting her. A B.A. No. 322 OF 2008 -: 2 :- complaint has been filed. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The petitioner has a totally different story to advance. According to him, the story narrated by the de facto complainant is totally unjustified. The chicken store was being run not by her; but by him. He was not a trespasser into that store; but he was the one running the chicken store. He had taken the premises on lease as per a written document and there was an attempt to drive him out of possession by employing goondas. A prior crime – Crime No.350/06 of the same Police Station had been registered in connection with such attempt of the de facto complainant to reduce the possession using force and employing goondas. The local Sub Inspector of Police has been taking a partisan and prejudiced stand in favour of the de facto complainant. The petitioner had occasion to complain about such attitude before the superior authorities. Because of the animosity arising against the petitioner, in these circumstances, the de facto complainant and the local police officials, in collusion, are raising false and vexatious allegations against the petitioner. The petitioner does not deserve to endure the trauma of arrest and detention. The petitioner may be granted anticipatory bail, it is submitted. B.A. No. 322 OF 2008 -: 3 :- 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor opposes the application. In the nature of the contentions raised, the learned Public Prosecutor was requested to place the Case Diary before me. I have perused the same. The version in the Case Diary takes me to another dimension of the dispute. According to the Investigating Officer, the petitioner and the de facto complainant had illicit personal intimacy and they were having an adulterous relationship. Subsequently, there was some disputes between them and that has trigerred the present controversy. 4. I have considered all the relevant inputs. At this early stage of the investigation, I shall carefully avoid any detailed discussions on merits about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I am satisfied that anticipatory bail can be granted to the petitioner subject to appropriate terms and conditions which shall ensure the interests of a fair, efficient and expeditious investigation. Such conditions shall also ensure the interests of maintenance of law and order and harmony in the locality. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: B.A. No. 322 OF 2008 -: 4 :- (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 29/1/08. He shall be released on regular bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 30/1/08 and 31/1/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, he shall so make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) During the said period of two months, the petitioner shall not enter the jurisdiction of the Sreekariyam Police Station without the prior permission of the learned Magistrate except for the purpose of complying with Condition No.(ii) above. (iv) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A. No. 322 OF 2008 -: 5 :- 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; (v) If the petitioner were arrested prior to his surrender on 29/1/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 29/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge