IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2059 of 2008() ----------------------------- [CRIME NO.58/08 OF THRIKKUNNAPPUZHA POLICE STATION] : PETITIONER/ACCUSED ----------------------------------- RANJITH, S/O.RAVEENDRAN, KALLUPURAYKKAL HOUSE, MAHADEVIKKAD P.O., KARTHIKAPPALLY PANCHAYATH. BY ADV. SRI.S.SANAL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2059 of 2008 ---------------------------------------- Dated this the 4th day of April 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Sections 308 and 332 I.P.C. The alleged incident took place on 10/03/2006. A police constable deputed on duty for a temple festival was allegedly assaulted and deterred from the performance of his official duty at such place of posting by the petitioner. The alleged incident took place on 10/3/2008. The police constable has not suffered any injury. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegations are totally false. No such incident at all had taken place. Inclusion of the allegation under Section 308 I.P.C reveals the want of bona fides on the part of the police. As a matter of fact, the boot lies on the other leg. At the temple festival, the petitioner was brutally assaulted consequent to some dispute. He fell unconscious. Apprehending that action may be taken against the police by the petitioner, such a false allegation has been invented and the F.I.R registered. The petitioner was assaulted and he did not want to make a grievance and further aggravate the situation. But now unnecessary allegations are raised against the petitioner. B.A.No.2059/08 2 3. The learned counsel for the petitioner in these circumstances prays that anticipatory bail may be granted to the petitioner. Called upon to explain the nature of allegations under Section 308 I.P.C, the learned Public Prosecutor fairly submits that the victim has not suffered any injury and has not been hospitalised also. 4. The learned Public Prosecutor opposes the application. Notwithstanding the opposition by the learned Public Prosecutor, in the facts and circumstances of this case, I am persuaded to agree that the petitioner can be granted anticipatory bail subject to appropriate conditions. At this early stage of investigation, I shall carefully avoid a more detailed discussion on merits about the acceptability of the allegations or the credibility of the data collected. I take note of the submission of the learned counsel for the petitioner that even without any semblance of an injury for the victim, allegations under Section 308 I.P.C has been recklessly raised against the petitioner. Appropriate conditions can of course be imposed. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.2059/08 3 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11/04/2008. 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 15/04/2008 and 16/04/2008. 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 petitioner shall so appear on all Mondays and Fridays 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 11/04/2008, 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 11/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2059/08 4 B.A.No.2059/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007