IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 532 of 2008() ---------------------------- CRIME NO.415/2006 OF PATTAMBI POLICE STATION :PETITIONER/ ACCUSED: ------------------------- K.P.USMAN AGED 45 YEARS, S/O.BAVA, KOPPATH PARAMMEL, MELE PATAMBI, NEAR NURUL HIDAYA ORPHANAGE, AMAN NAGAR, KONDOORKARA P.O., PATTAMBI VILLAGE, OTTAPALAM TALUK, PALGHAT DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.532 of 2008 ---------------------------------------- Dated this the 30th day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations for offences punishable inter alia under Section 379 I.P.C and the provisions of the Mines and Minerals (Development and Regulation) Act. The crux of the allegations against the petitioner is that a load of sand was transported in his lorry on 11/8/2006. Apprehending arrest, he had come to this court earlier and his application for anticipatory bail was dismissed as per order dated 22/09/2006 in B.A.No.5576/2006. The petitioner has now been arrayed as an accused. He apprehends imminent arrest. He then seeks anticipatory bail. 2. The learned Public Prosecutor submits that it has now been ascertained that the vehicle involved in the crime belongs to the petitioner and he is the registered owner of the said vehicle. State has no objection in granting anticipatory bail to the petitioner; but appropriate conditions shall be imposed which shall ensure proper and expeditious investigation of the case, submits the learned Public Prosecutor. B.A.No.532/08 2 3. 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 greater detail. 4. 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 06/02/2008. 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 07/02/2008. 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. B.A.No.532/08 3 (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 06/02/2008, 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 06/02/2008. (R.BASANT, JUDGE) jsr B.A.No.532/08 4 B.A.No.532/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007