IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1532 of 2008() ----------------------------- CRIME NO.74/2008 OF KATTOOR POLICE STATION : PETITIONER/ACCUSED ----------------------------------- SANJAY KUMAR, AGED 29 YEARS, S/O.RADHA KRISHNAN, THAMMANATH HOUSE, EDAKKULAM P.O., POOMANGALAM VILLAGE. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: STATE & DEFACTO COMPLAINANT ---------------------------------------- SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1532 of 2008 ---------------------------------------- Dated this the 11th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered inter alia under Section 353 I.P.C. The other offences are bailable. The crux of the allegations is that the petitioner, who had gone to the de facto complainant, an Assistant Village Officer in connection with an application for a friend of his by name Paul, for effecting mutation, picked up a quarrel with the said official. He allegedly showered obscene abuses. He, it is further alleged, had deterred the official from the discharge of his official duties. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted in the interests of a fair and efficient investigation and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. B.A.No.1532/08 2 3. 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 17/03/2008. 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 18/03/2008. 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 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 B.A.No.1532/08 3 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 17/03/2008, 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 17/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1532/08 4 B.A.No.1532/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007