IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 85 of 2008() --------------------------- CRIME NO.176/07 OF VALAYAM POLICE STATION : APPLICANT/ACCUSED NO.1 --------------------------------------- MOILANDY ASHRAF, AGED 36 YEARS, S/O MAMMAD, CHEKIAD AMSOM, DESOM, PARAKKADAVU, KOZHIKODE DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.85 of 2008 ------------------------------------- Dated this the 10th day of January, 2008 ORDER Application for anticipatory bail. The petitioner is the 1st accused. He faces allegations for offences punishable, inter alia, under Sections 308 and 395 of the IPC. The crux of the allegations is that an Assistant Sub Inspector of Police, who was allegedly travelling along with 2 friends of his in a car belonging to one of those friends, found certain persons allegedly consuming liquor on their way. The vehicle was stopped. The Assistant Sub Inspector of Police allegedly went to such persons. They resisted the attempts of the Sub Inspector in civil dress to interfere with their activities. There was a push and pull. One of the miscreants allegedly called some others over the phone. A group of persons came in another vehicle. They took the Sub Inspector to task. He was allegedly assaulted. Further, some personal belongings of the Sub Inspector were forcibly taken away. A crime has been registered. Investigation is in progress. Accused 4 to 8 had come before this Court claiming regular bail and by order dated 14.12.07 in B.A.No.7744 of 2007, those accused persons were granted regular bail. The learned counsel for the petitioner submits that in the nature of the allegations, the petitioner herein, the 1st accused may be saved of the trauma B.A.No.85 of 2008 2 of undeserved arrest and detention. The petitioner shall abide by any appropriate conditions, submits the learned Public Prosecutor. 2. I have adverted to facts in detail in the said order. This order must be read in continuation of the said order. I am not hence adverting to facts in any detail in this order. I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioner herein subject to appropriate terms and conditions, which shall ensure the interests of a fair, efficient and expeditious investigation. 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 17.01.2008. He shall be enlarged on regular bail on his executing 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 5 p.m on 18.01.2008 and 19.01.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner B.A.No.85 of 2008 3 in custody and take all necessary steps in the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 17.01.08 as directed in clause (1) above, 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 17.01.08. (R.BASANT, JUDGE) rtr/- B.A.No.85 of 2008 4