IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 169 of 2008() ---------------------------- CRIME NO.325/2005 OF KOIPRAM POLICE STATION : PETITIONER/IST ACCUSED --------------------------------------- D.M.ROOSEVELT, KALAPPARAI HOUSE, KILLIYOOR P.O., KANYAKUMARI DISTRICT BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.V.K.SHAMUSUDHEEN RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE, KOIPRAM POLICE STATION, PATHANAMTHITTA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.169 of 2008 ---------------------------------------- Dated this the 24th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. He faces allegations in a crime registered for offences punishable inter alia under Section 365 read with 34 I.P.C. The alleged incident took place on 26/11/2005. The crux of the allegations raised in the F.I statement filed only on 29/11/2005 is that on the night of 26/11/2005 when the de facto complainant and his friend (the victim in the crime) were coming on a motor cycle, they were intercepted by the accused persons, four in all. They silenced the de facto complainant by affixing plaster around his mouth. He was tied to a coconut tree. His friend, the victim was abducted in a vehicle. He remained tied to the coconut tree till the next morning. He was helped by someone and untied. He went away. He complained only on 29/11/2005. The detenu who was allegedly taken away came back after a couple of days. He alleged that he was detained in Tamil Nadu and that he has found his way to freedom. The crime registered on 29/11/2005 is being investigated. The petitioner has not been arrested yet. No other accused has also been arrested. Investigation is in progress. The petitioner apprehends imminent arrest. B.A.No.169/08 2 2. The learned counsel for the petitioner submits that the allegations raised against the petitioner must inherently arise dissatisfaction and suspicion. It cannot inspire a reasonable prudent mind. The sequence of events alleged by the de facto complainant cannot be swallowed by a prudent mind without tongues of salt. The petitioner shall co-operate with the investigating officer subject to any appropriate conditions. The petitioner may be granted anticipatory bail, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed to facilitate an early and expeditious completion of investigation. 4. I am satisfied that the petitioner can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any further detail. 5. 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 31/01/2008. 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 B.A.No.169/08 3 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 01/02/2008 and 02/02/2008. 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 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 31/01/2008, 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 31/01/2008. (R.BASANT, JUDGE) jsr B.A.No.169/08 4 B.A.No.169/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007