IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Bail Appl..No. 1108 of 2010() ----------------------------------------- CRIME NO.99/2010 OF THAMARASSERY POLICE STATION, KOZHIKODE. PETITIONER/ACCUSED: -------------------------------------- NABEEL, S/O.ABDULLA, 23 YEARS, AYANIKKOTH, POONOOR, UNNIKULAM AMSOM,KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1108 of 2010 ----------------------------------- Dated this the 5th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.99/2010 of Thamarassery Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 170, 171 and 419 of the Indian Penal Code. 3. The prosecution case is that on 2/2/2010, the petitioner travelled in a police jeep of Thamarassery Police Station, representing that he is a police man attached to the Police Station in Wynad. F.I.R was registered on 11/2/2010. The petitioner apprehends arrest. 4. The learned counsel for the petitioner submitted that the petitioner is a driver by profession. On 2/2/2010, there was an unprecedented traffic jam in the 9th hairpin bent. To ease the traffic jam, it was thought that the services of the policemen would be helpful. The petitioner reported the matter to Thamarassery Police Station. He was also directed to go to the place and accordingly he travelled in the jeep. It would appear B.A. No. 1108/2010 2 that a news appeared in some of the newspapers that a civilian had travelled in the police jeep, sitting on the front seat. It is submitted that in order to save the situation, the crime was registered against the petitioner. The learned counsel for the petitioner submitted that the petitioner was only rendering service to the public and the only mistake, if any, committed by him is that he travelled in the front seat of the police jeep, which according to him, is not an offence at all. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. No. 1108/2010 3 B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm