IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH SEPTEMBER 2007 / 16TH BHADRA 1929 Bail Appl..No. 5397 of 2007() -------------------------------- (CRIME NO.241/07 OF THE MANJASHWER POLICE STATION) PETITIONERS/ACCUSED ------------------------------------ 1. ABBAS ONANDA,S/O.ABDULLA HAJI, RAHIM MANZIL,SHIRIYA, KASARAGOD. 2. SHRIKANTH,S/O.KUNHAMBU, PRATAP NAGAR,SENKAL, KASARAGOD. 3. M.K.K.THANGAL, MANNANKUZHI, KASARAGOD. 4. TIMBER ABDULLA, S/O.MAMMUNHI, MANNANKUZHI, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, MANJASHWER POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = B.A.No.5397 of 2007 = = = = = = = = = = = = = = Dated this the 7th day of September, 2007 ORDER Application for anticipatory bail. The petitioners are accused 1 to 4 in a crime registered, inter alia, under Secs.353 and 384 IPC read with 34 IPC. The crux of the allegations alleged against the petitioners is that while the meeting of the Grama Panchayat was in progress, they, who are also members of the said Grama Panchayat came to the venue of the meeting and disrupted the meeting. Harsh and obscene words have been raised. Minutes books, office records etc. were snatched away from the hands of the Special Grade Secretary of the said Grama Panchayat. They allegedly behaved in an irrational manner. 2. The learned counsel for the petitioners submits that allegations are totally false. What really happened was only some disagreement and dispute about the conduct of the meeting. The complainants have now be compelled to raise totally false and vexatious allegations. In any view of the matter, allegations raised under Sec.384 cannot lie and allegations raised under Sec.353 are not justified at all. Appropriate directions may be issued to save the petitioners from the undeserved trauma of arrest and detention, prays the learned counsel for the petitioners. B.A.No.5397 of 2007 2 3. Notice was given to the learned Public Prosecutor. The application is not opposed by the learned Public Prosecutor and I am satisfied that anticipatory bail can the granted to the petitioners, subject to appropriate conditions. 4. In the result, this petition is allowed. The following directions are issued under Sec.438 Cr.P.C, in favour of the petitioners: i) Petitioners shall surrender before the learned Magistrate having jurisdiction on 14/9/2007. ii) They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 15/09/2007 and 16/09/2007 and thereafter on all Mondays and Fridays between 10 a.m and 12 noon for a period of three months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iv) 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 B.A.No.5397 of 2007 3 petitioners and deal with them in accordance with law, as if these directions were not issued at all. (v) If they were arrested prior to 14/09/2007, they shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 14/09/2007. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE