IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1566 of 2008() ----------------------------- CRIME NO. 54/08 OF HEMAMBIKA NAGAR POLICE STATION APPLICANTS : ACCUSED: ------------------------- 1. V.NARAYANAN, AGED 50 YEARS, S/O. VELAYUDHAN, RESIDING AT KORANGODE THENKURUSSI VILLAGE, PALAKKAD DISTRICT. 2. T.K.VELAYUDHAN, AGED 56 YEARS, S/O.KANDAPPAN, PAKKATH HOUSE, WEST MANGAD, KANNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, A/W. BA 1674 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 1566 & 1674 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2008 O R D E R These applications are for anticipatory bail. The petitioners are accused 1, 2 and 5. They face allegations in a crime registered alleging the offence punishable, inter alia, under Section 353 I.P.C. The alleged incident took place on 14.2.2008. The defacto complainant/victim is an Amin deputed by the Civil Court to effect arrest of a judgment debtor. The judgment debtor is employed in the Food Corporation of India. When the Amin went to the place of employment of the judgment debtor and effected his arrest, his co-workers collected and made it difficult for the Amin to perform his duties. The Munsiff, tho issued the warrant of arrest, was allegedly abused. Investigation is in progress. 2. The learned counsel for the petitioners submit that the allegations raised against the petitioners are totally unsustainable. There is no specific allegation of any physical obstruction by any B.A.Nos. 1566 & 1674 of 2008 2 one of the accused. Vague and general allegations are made about showering of abuses on the Munsiff, who issued the warrant of arrest. It is pointed out that there is serious incongruity between the version of the defacto complainant/Amin and the Police Constable, who accompanied the Amin. In any view of the matter, the petitioners do not deserve to endure the trauma of arrest and detention. They shall co-operate with the investigators. Subject to appropriate conditions, anticipatory bail may be granted to the petitioners, it is prayed. 3. The case diary has been placed before me. I have perused the same. The learned Prosecutor, after discussions at the Bar, does not oppose the applications. 4. I am satisfied on an anxious consideration of all the relevant inputs that appropriate directions can be issued under Section 438 Cr.P.C. in favour of the petitioners, subject of course to appropriate conditions, which shall secure the interests of a proper investigation. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 5. In the result: B.A.Nos. 1566 & 1674 of 2008 3 (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 1.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 2.4.2008 and 3.4.2008 and thereafter pm 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. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 1.4.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. B.A.Nos. 1566 & 1674 of 2008 4 (e) If the petitioners were arrested prior to their surrender on 1.4.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 1.4.2008. (R. BASANT) Judge tm