IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 192 of 2008() ---------------------------- CRIME NO. 5/08 OF CHAVARA THEKKUMBHAGOM POLICE STATION PETITIONER/1ST ACCUSED: ---------------------------------------- K.G. MAHADEVAN, SHIVA MANDIRAM, VADAKKUM BHAGOM, CHAVARA SOUTH P.O., KOLLAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENTS: STATE & COMPLAINANT: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, CHAVARA THEKUMBHAGOM POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 192 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. The alleged incident took place on 1.1.2008. The crux of the allegations by the defacto complainant is that the petitioner, along with others, (altogether there are three accused persons) had allegedly set fire to flags of the SNDP. Crime has been registered, inter alia, under Section 153A I.P.C. That is the only non-bailable offence alleged. 2. The learned counsel for the petitioner submits that the allegations even if accepted in toto cannot reveal an offence punishable under Section 153A I.P.C. even assuming that the petitioner is guilty of culpable overt acts as alleged. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of B.A.No. 192 of 2008 2 the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, I am satisfied. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 4.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 5.2.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. B.A.No. 192 of 2008 3 (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 4.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 4.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 4.2.2008. (R. BASANT) Judge tm