IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1649 of 2008() ----------------------------- CRIME NO.83/08 OF THE VARKALA POLICE STATION PETITIONERS : ACCUSED ------------------------ 1. SANTHOSH CHARUVILA VEEDU,CHEMMARUTHY VARKALA. 2. RAJEEV, CHARUVILA VEEDU,CHEMMARUTHY VARKALA. 3. SHIBU, INCHAVILA VEEDU, MELVETTOOR DESOM, VETTOOR VILLAGE, VARKALA. 4. SUNILKUMAR,INCHAVILA VEEDU, MELVETTOOR DESOM, VETTOOR VILLAGE, VARKALA. 5. SAJITH @ SAJI, VILASALATHIKA, PUTHENVILA, PARAYATHUKONAM, KIZHUVILAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.RAJESH RESPONDENTS: ------------- STATE OF KERALA , REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1649 of 2008 ------------------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 5. They face allegations in a crime registered alleging commission of offences punishable, inter alia, under Secs.452 and 354 of the IPC. Sec.452 of the IPC is the only non-bailable offence alleged, it is submitted. Personal animosity is the alleged motive. Accused persons had allegedly trespassed into the house of the de facto complainant and had allegedly indulged in the culpable overt acts. The alleged incident took place on 4/4/07. The crime was registered only on 6.2.08. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the allegations are totally unjustified and are raised belatedly B.A. No. 1649 of 2008 -: 2 :- with the transparent intention of vexing and harassing the petitioners. The petitioners are prepared to co-operate with the Investigator. They may not be compelled to endure the trauma of arrest and detention, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed which shall safeguard the interests of a proper, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 25/3/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 3 p.m. on 26/3/08 and 27/3/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before B.A. No. 1649 of 2008 -: 3 :- the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer 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 the petitioners were arrested prior to their surrender on 25/3/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 25/3/08. (R. BASANT, JUDGE) Nan/