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. 1461 of 2008() ----------------------------- CRIME NO. 86/08 OF HOSDURG POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- MOOSA M.K., S/O.KUNHAMU, JAMSHEED MANZIL, NEW BAVA ROAD, NEAR RAILWAY STATION, P.O.KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 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. 1461 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. Altogether there are two accused persons. The first accused alone is shown as accused in the F.I.R., which is registered alleging offences punishable under Sections 450, 436 and 427 I.P.C. 2. The crux of the allegations is that the first accused, who has been doing errand jobs for the defacto complainant, had broken open into the house of the defacto complainant removing a window frame and had committed mischief by setting fire to some clothes which were available in the house. The allegation in the F.I.R. is that the first accused demanded money from the defacto complainant. The same was not paid and then he had resorted to this act of mischief by fire. The first accused was arrested. He was subjected to interrogation, in the course of which, it is stated that, the first accused confessed that he had B.A.No. 1461 of 2008 2 indulged in such acts on the instructions of and on behalf of the petitioner herein, a neighbour. The petitioner has been brought on the array of accused. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Allegations now raised against the petitioner are so improbable, artificial and puerile and no person with his head on his shoulders can swallow the allegations raised against the petitioner on the basis of the confession statement of the first accused. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention on the basis of such alleged confession statement of a co-accused. He shall co-operate with the investigators. Subject to any appropriate conditions, he may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor does not oppose the application. He submits that appropriate conditions may be imposed in the interests of a fair and efficient investigation. B.A.No. 1461 of 2008 3 4. Considering the peculiar facts of the case, I have called for the case diary. I have gone through the long confession statement of the first accused, which appears to be the sole basis on which allegations are raised against the petitioner. The weird theory is that the first accused had wanted th defacto complainant to sell their property, but they had shown no inclination. The petitioner/second accused had therefore allegedly prevailed upon the first accused to threaten and create mischief and nuisance in the house of the defacto complainant in the fond hope that that may provoke the defacto complainant to sell the property. I am satisfied that anticipatory bail can, in these circumstances, be granted to 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 17.3.2008 at 11 a.m. The learned Magistrate shall release the B.A.No. 1461 of 2008 4 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 18.3.2008 and 19.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer and on all Mondays 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 17.3.08 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 17.3.2008 as directed in clause (1) above, he shall be released on bail B.A.No. 1461 of 2008 5 on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 17.3.2008. (R. BASANT) Judge tm