IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 8085 of 2007() ----------------------------- CRIME NO. 1315/07 OF EAST POLICE STATION, KOLLAM PETITIONER/ACCUSED ----------------------------------- VIJESH, AGED 28 YEARS, S/O.SUKUMARAN NAIR, GEETHA MANDIRAM, SARAYOO NAGAR, H NO.212, VALATHINGAL.P.O., KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.1315 OF 2007 OF EAST POLICE STATION, KOLLAM) BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8085 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Sections 452 and 354 I.P.C. Section 452 I.P.C. is the only non-bailable offence alleged. 2. The crux of the allegations is that at 8 a.m. on 11.12.2007 the accused, a person aged about 28 years, trespassed into the house of his neighbour, a lady aged about 35 years. He allegedly threatened her. The lady allegedly spoke to him in endearing terms and went out of the house asking him to keep waiting there. After she got out of the house, she allegedly made a hue and cry. Neighbours came to the scene and he went away. A crime has been registered on 13.12.2007 regarding the incident which took place on 11.12.2007. Investigation is in progress. The petitioner apprehends imminent arrest. B.A.No. 8085 of 2007 2 2. The learned counsel for the petitioner submits that the allegations are totally false. The lady wanted the petitioner to be intimate with her. The petitioner was unwilling. In these circumstances false allegations are being raised, it is contended. It is, in these circumstances, prayed that anticipatory bail may be granted to the petitioner to save him from the trauma of vexatious arrest and detention. 3. The learned Prosecutor opposes the application. The allegations did not inherently inspire confidence and therefore the learned Prosecutor was directed to place the case diary before me for my perusal. The case diary shows that there is a written complaint filed by the defacto complainant, in which she has raised totally different allegations. After receipt of the said written complaint dt.11.12.07, a different F.I.S. was recorded and F.I.R. was registered on 13.12.2007. In that written complaint the defacto complainant had alleged that the petitioner had trespassed into the house, brutally manhandled her, snatched away a gold chain weighing 5 sovereigns and had also taken her photograph after threatening by show of knife. B.A.No. 8085 of 2007 3 4. I have considered all the relevant inputs. At this early stage of investigation I shall not embark on any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that a perusal of the case diary does not inspire my confidence and I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. 5. 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 10.1.2008 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 11.1.08 and 12.1.2008. During this period, the investigators shall be at liberty B.A.No. 8085 of 2007 4 to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 10.1.08 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 10.1.2008 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 10.1.2008. (R. BASANT) Judge tm