IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6438 of 2008() ----------------------------- CRIME NO. 418/2008 OF PERAMANGALAM POLICE STATION PETITIONER (S): ACCUSED NO.1: --------------------------------- VIJESH AGED 21 YEARS, S/O.SOBHANAN NAIR, PUTHIYAVEETIL HOUSE, KOLAZHY, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT; --------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PERAMANGALAM POLICE STATION (CRIME NO.418/2008) PERAMANGALAM, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6438 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 448 and 427 read with section 34 IPC and section 3(2)(e) of the The Prevention of Damage to Public Property Act. According to the prosecution, on 20-7-2008 petitioner along with others criminally trespassed into the casualty of the Thrissur Medical College Hospital and committed mischief by breaking front glass of the causality and caused loss of Rs.1,500/- to the government. 3. Learned counsel for petitioner submitted that a close relative of the petitioner was taken to the casualty in a critical condition but no proper attendance was received from the hospital staff and there was a commotion in connection with this. In the meantime, the glass was broken, which, according to prosecution, was broken by petitioner. Learned counsel for petitioner submitted that petitioner is prepared to compensate the loss caused to government by paying the amount. It is also submitted that co-accused were granted anticipatory bail by the learned Sessions Judge. 4. Learned Public Prosecutor submitted that petitioner maybe directed to appear before the Investigating Officer and subject to that, he has no objection in granting anticipatory bail. BA 6438/08 -2- 5. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, he shall be produced before the Magistrate court concerned in accordance with law. (3) On production of the petitioner before the learned Magistrate, and if any bail application is filed, petitioner shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.