IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1544 of 2008() ----------------------------- CRIME NO.71/2008 OF PEROORKADA POLICE STATION : PETITIONER/ACCUSED ----------------------------------- HARSHID KAMAL, S/O. KAMALUDHEEN, AGED 24 YEARS, RESIDING AT KUNNUMPURATH VEEDU, PALLIKKAL, KILIMANOOR. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, (CRIME NO.71 OF 2008 OF PEROORKADA POLICE STATION). BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1544 of 2008 ---------------------------------------- Dated this the 12th day of March 2008 O R D E R Application for anticipatory bail. The petitioner apprehends that he may be arrested on the allegation that he has committed non-bailable offence in respect of which crime No.71/08 of Peroorkkada police station has been registered. According to the petitioner, he is absolutely innocent. He is a person aged about 24 years having completed his engineering degree course from a college in Kerala. A girl student of the college, was friendly and intimate with him. They had decided to get married also. It is his case that as the parents were not willing, they have got the marriage solemnized in a temple at Chennai; but the efforts to live together as man and wife did not succeed as his friend/wife was taken away by her parents and the young ones were not given access to each other. The crux of the allegations is that the petitioner had to put up certain details in a web site which is derogatory and defamatory to the girl and her family. Crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioner submits that false and vexatious allegations are raised against the petitioner. In a transparent and deliberate attempt to bring the relationship B.A.No.1544/08 2 between the petitioner and his friend, it is prayed that directions under Section 438 Cr.P.C may be issued in favour of the petitioner. 3. The learned Public Prosecutor submits that in the course of investigation, it has been realised that the petitioner has not committed any of the offences alleged initially in the F.I.R. At any rate, the police have no objection against grant of anticipatory bail to the petitioner in the said crime. Appropriate conditions may be imposed, it is prayed. 4. Having considered all the relevant circumstances, I am satisfied that anticipatory bail can be granted to the petitioner 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. 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 18/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two B.A.No.1544/08 3 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 19/03/2008. 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 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 18/03/2008, 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 18/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1544/08 4 B.A.No.1544/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007