IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 1837 of 2008() ----------------------------- [CRIME NO.79/08 OF QUILON WEST POLICE STATION] : PETITIONER/ACCUSED ----------------------------------- RATHEESH,S/O.SANKARANKUTTY, VRINDAVAN, KADATHOORP.O., KARUNGAPPALLY QUILON. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: STATE ------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1837 of 2008 ---------------------------------------- Dated this the 7th day of April 2008 O R D E R Application for anticipatory bail. The petitioner is the sole accused in a crime registered alleging offences punishable inter alia under Section 3 of the P.D.P.P Act. All other offences alleged are bailable, it is submitted. The alleged incident took place on 12/3/2008. He is alleged to have trespassed into a building belonging to the Milma and indulged in acts of violence and mischief. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner contends that Milma is not an institution in which the provisions of the P.D.P.P.Act can have any application. In these circumstances, inasmuch as all the other offences are bailable, the unjustified inclusion of the allegation under Section 3 of the P.D.P.P.Act may not oblige the petitioner to suffer the trauma of arrest and incarceration, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor, after discussions at the Bar, fairly concedes that Milma being not an institution to which B.A.No.1837/08 2 P.D.P.P. Act would apply and there having been no notification under the P.D.P.P.Act to apply the provisions to the said Milma, the application is not opposed. I accept the submissions of the learned Public Prosecutor. I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 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 15/04/2008. 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 5 p.m on 16/04/2008. 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 B.A.No.1837/08 3 investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently 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 he were arrested prior to 15/04/2008, 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 15/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1837/08 4 B.A.No.1837/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007