IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2215 of 2008() ----------------------------- CRMP.555/2008 of DISTRICT COURT, ALAPPUZHA CRIME 59/08 OF CHERTHALA POLICE STATION .................... PETITIONER --------------------------- MADHU.K.R.,S/O.RAJAPPAN, KARACKAL CHIRA, PATTANAKKADU PANCHAYATH CHERTHALA. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, CHERTHALA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2215 OF 2008 F ```````````````````````````````````````````````````` Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the sole accused in a crime registered alleging offences punishable under section 353 IPC. The said incident took place on 25.1.08. It is alleged that one Soman was arrested by the police in some other crime. On 25.1.08, the petitioner is alleged to have assaulted the de facto complainant and attempted to take the said Soman from the custody of the de facto complainant, a police constable. The attempt did not succeed. Crime was registered alleging offences punishable under section 353 IPC. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that there was even allegedly only an attempt to take the said Soman from the custody of the police. It was not a successful BA.2215/08 : 2 : attempt. The learned counsel for the petitioner submits that false and vexatious allegations are being raised against the petitioner. The said Soman was tortured in custody. The local persons had insisted that the said Soman must be taken to the Doctor. Allegations have been raised against the petitioner with vexatious intent. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor prays that appropriate conditions may be imposed on the petitioner. It is conceded that the attempt to take the said person from the custody of the police has not succeeded. 4. I am satisfied that anticipatory bail can be granted to the petitioner. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of BA.2215/08 : 3 : the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 16.4.2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty 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 3 p.m on 17.4.2008 and 18.4.2008 and thereafter 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. BA.2215/08 : 4 : (iv) If he were arrested prior to 16.4.2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 16.4.2008. (R.BASANT, JUDGE) aks