IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 810 of 2008() ---------------------------- [CRIME NO.131/2008 OF THE VATAKARA POLICE STATION] : PETITIONERS/ACCUSED ----------------------------------- 1. RAJEESH P., S/O.RAJAN, AGED 19 YEARS, PALOTH HOUSE, MEMUNDA P.O., VATAKARA. 2. SHIJIL T.M., S/O.KUMARAN, AGED 19 YEARS, THOPPUTTUMEETHAL HOUSE, CHERANDATHOOR P.O., PONMERI (VIA) VATAKARA. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.810 of 2008 ---------------------------------------- Dated this the 12th day of February 2008 O R D E R Application for anticipatory bail. The petitioners apprehend arrest in a crime registered alleging offences punishable inter alia under Sections 332 and 452 I.P.C and Section 3 of the P.D.P.P.Act. The first petitioner has already been arrayed as the second accused. The second petitioner has been identified as one of the suspected accused; but a formal report to array him as an accused has not been filed; but is about to be filed, submits the learned Public Prosecutor. 2. The crux of the allegations against the petitioners who are students is that they were members of an unlawful assembly of persons who allegedly trespassed into the Government Hospital at Vadakara at 6 p.m on 23/1/2008 and indulged in acts of mischief and violence. Their acts were directed against the hospital and the staff of the hospital (not the doctor). 3. The petitioners have a different case to advance. The first accused was suffering badly from ailment. When he was taken to the hospital, the doctor was willing to treat him and B.A.No.810/08 2 attend on him. But the staff, for oblique and obscure reasons, did not give him the requisite attention. This arouse protest. The students, including the petitioners who are arrayed as accused were only peacefully demonstrating about the improper activities in the hospital. They significantly did not raise any grievance against the doctor; but their grievance was against the improper conduct/behaviour of the staff. Enraged by the conduct of the petitioners staging demonstration, false and vexatious allegations are being raised against the petitioners. No injury worth the name has been suffered by anyone of the alleged victims. No serious damage whatsoever has been suffered by the building also. In these circumstances, the petitioners may be granted anticipatory bail. They may not be compelled to endure the trauma of arrest and detention, prays the learned counsel for the petitioner. 4. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed. The second petitioner shall be arrayed as an accused by filing a proper report immediately, submits the learned Public Prosecutor. B.A.No.810/08 3 5. I am satisfied, considering the totality of the circumstances including the very young age of the petitioners that they can be granted anticipatory bail subject to appropriate terms and conditions. 6. 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 19/02/2008. They shall be released on regular bail on condition that they execute 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 1 p.m on 20/02/2008 and 21/02/2008. 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 on all Mondays and Fridays between B.A.No.810/08 4 10 a.m and 12 noon for a period of one month. Subsequently 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 19/02/2008, 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 19/02/2008. (R.BASANT, JUDGE) jsr B.A.No.810/08 5 B.A.No.810/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007