IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1740 of 2008() ----------------------------- CRIME NO.28/2008 OF NILESHWAR POLICE STATION :PETITIONER/ ACCUSED: ------------------------- SASIDHARAN.K., S/O.SHANKARAN.V, KUTHIRUMMAL HOUSE, KIZHAKKUM KARA, AJANUR VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING S.H.O. NILESHWAR POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1740 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging commission of the offence punishable under Section 452 I.P.C. He is alleged to have trespassed into the office of a journalist where an evening daily by name City Diary is published. An earlier issue of City Diary allegedly carried disparaging news about the sister of the accused. The petitioner enraged by such publication of the news item is alleged to have trespassed into the office of the journalist and assaulted him. He is alleged to have indulged in acts of mischief. All other offences alleged are bailable offence. Only the offence punishable under Section 452 I.P.C is non-bailable. The alleged incident took place on 5/3/2008. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. False and vexatious allegations are being raised against the petitioner, as a counter blast to allegations of defamation which may be raised against the de facto complainant. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention. He may be granted anticipatory bail. B.A.No.1740/08 2 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. Having considered all the relevant circumstances, I am also satisfied that the petitioner can be granted anticipatory bail. Appropriate conditions can of course be imposed to ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 31/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) 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 3 p.m on 01/04/2008 and 02/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the B.A.No.1740/08 3 petitioner shall so appear 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. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 31/03/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 31/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1740/08 4 B.A.No.1740/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007