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. 478 of 2008() ---------------------------- CRIME NO.255/07 OF PULIKEZHU POLICE STATION PETITIONER/ACCUSED 1 ------------------------------------- MANIYAN, AGED 55 YEARS, S/O.KUNJU, PUTHARIPPARAMBIL HOUSE, PERINGARA MURI, PERINGARA VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.M.T.SURESHKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 478 OF 2008 ------------------------------------------------- Dated this the 28th day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Sec.308 of the IPC. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The de facto complainant is a Police Constable. It is alleged that the petitioner has been indulging in objectionable and culpable acts of teasing the women relatives of the Police Constable. The said Police Constable questioned such conduct of the petitioner herein. Enraged by such conduct of the de facto complainant/the Police Constable, the petitioner is alleged to have attacked the said Police Constable with a torch light resulting in injuries to him. The alleged incident took place on 18/11/07. A crime has been registered under Sec.308 of the IPC. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that B.A. No. 478 OF 2008` -: 2 :- the allegations are made vexatiously. At any rate, the inclusion of the allegation under Sec.308 of the IPC is totally unjustified. With the transparent intention of vexing and harassing the petitioner, such an allegation has been included. Even if the entire allegations are accepted as gospel truth, no offence worse than Sec.324 of the IPC can be alleged against the petitioner. The petitioner apprehends imminent arrest, custodial torture and unnecessary detention. In these circumstances, it is prayed that anticipatory bail may be granted to the petitioner. 4. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor has read over to me the nature of the alleged injuries suffered by the de facto complainant. I agree with the learned counsel for the petitioner that the petitioner is entitled to be granted anticipatory bail in the facts and circumstances of this case. In the absence of opposition, a more detailed discussion is found to be not necessary. Appropriate conditions can, of course, be imposed. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 4/2/2008. He shall be released on regular bail on his executing a bond for B.A. No. 478 OF 2008` -: 3 :- Rs.25,000/- 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 5/2/08. Thereafter, he shall so 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 these directions were not issued at all; (iv) If the petitioner were arrested prior to his surrender on 4/2/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 4/2/08. Sd/- Nan/ (R. BASANT, JUDGE) //true copy// P.S. to Judge