IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4086 of 2009 CRIME NO.297 OF 2009 OF KOVALAM POLICE STATION APPLICANT/ACCUSED ------------------------------------- RAJU MESTRI ALIAS JOSE, AGED 59 YEARS S/O. BENCHAMIN ANITHA BHAVAN, PANANGODE, VENGANOOR.P.O., VENGANOOR. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION) PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4086 OF 2009 ------------------------------------------------------ Dated this the 19th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.297 of 2009 of Kovalam Police Station. 2. The offence alleged against the petitioner is under Section 332 of the Indian Penal Code. 3. The prosecution case is that the petitioner caused obstruction to the discharge of duty by the Assistant Sub Inspector of Police. The petitioner has a different version. According to him, the de facto complainant in the present case and some other police men went to the house of the petitioner under the pretext of investigation of a case and outraged the modesty of the daughter of the petitioner. Crime No.298 of 2009 was registered against the Assistant Sub Inspector of Police and another for offences under Section 323 and 354 read with Section 34 of the Indian Penal Code. Learned Public B.A. NO. 4086 OF 2009 :: 2 :: Prosecutor submitted that the second accused therein was deleted from the array of parties. 4. Taking into account the peculiar facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. The apprehension of the petitioner that if he is arrested, he would be harassed, humiliated and manhandled by the police, cannot be said to be without any substance, particularly when the petitioner made allegations against the Assistant Sub Inspector of Police in Crime No.298 of 2009. Accordingly, there will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 4086 OF 2009 :: 3 :: d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/