IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 930 of 2008(I) ----------------------------- CRMP.195/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.328/07 OF EROOR POLICE STATION .................... : PETITIONER/ACCUSED: ------------------------------------ BAIJU @ SAJITH V.R., S/O. RAJENDRAN, PUTHENPURAYIL, ANCHAL, NEDIYARA P.O., ANCHAL. BY ADV. SRI.E.D.GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, EROOR. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.930 of 2008 ---------------------------------------- Dated this the 18th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. Altogether there are four accused persons. Other three accused have not been identified so far. The de facto complainant's son is married to the petitioner's sister. There is strain in the matrimonial tie. The wife, that is the sister of the petitioner had already approached courts claiming relief. The petitioner was employed abroad. He has come to India consequent to some illness of his. He is allegedly undergoing treatment. According to the petitioner, false allegations are now being raised because of the strain in the matrimonial tie and with the transparent intention of vexing and harassing the petitioner and in an attempt to silence the sister of the petitioner and to deter her from raising claims from the son of the de facto complainant. Crime has been registered inter alia under Section 452 I.P.C. Investigation is in progress. No victim is alleged to have suffered any injury. The petitioner, along with three others, is alleged to have gone to the house of the de facto complainant and indulged in acts of violence and mischief. No person has suffered any injury. B.A.No.930/08 2 Damage to the tune of Rs.2,500/- has been suffered by the de facto complainant as a result of such attack, it is alleged. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioner can be granted anticipatory bail subject of course to appropriate terms and conditions. I take note of the submissions of the learned Public Prosecutor that those who accompanied the petitioner to the house of the de facto complainant have not been identified so far and the interrogation of the petitioner is likely to afford relevant information on that aspect. 3. 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 25/02/2008. 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. B.A.No.930/08 3 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 26/02/2008 and 27/02/2008. 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 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 25/02/2008, 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 25/02/2008. (R.BASANT, JUDGE) jsr B.A.No.930/08 4 B.A.No.930/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007