IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 764 of 2008() ---------------------------- CRIME 75/08 OF CHATHANNOOR POLICE STATION PETITIONER/ ACCUSED: ------------------------- M.P.SUNIL, ADVOCATE, S/O.PARAMESWARAN PILLAI, MELAKKAL VEEDU, PLAKKAD, ADICHANELLOOR, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 764 OF 2008 ```````````````````````````````````````````````````` Dated this the 15th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner is the 3rd accused. He faces allegations in a crime registered for offences punishable, inter alia, under section 3 of the P.D.P.P. Act. The crux of the allegations is that because of an earlier incident in which Youth Congress workers had raised objections against the inaction of the police and a consequent incident between the Youth Congress and D.Y.F.I. activists. The accused persons, who belong to the Congress party, allegedly attacked a bus belonging to the KSRTC and caused damage to the said bus. Crime has been registered. The petitioner has been named in the FIR. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegations are totally false. The petitioner was not even BA.764/08 : 2 : present at the scene of the crime. Two crimes have been registered at the incident at about the same time. Though the petitioner is arrayed as accused No.1, in the F.I.Statement there are no indications whatsoever of the presence of the petitioner. The petitioner is an Advocate and an important functionary of the opposition political party to create a defence for the connected crime and to vex and harass the petitioner, he has been brought on the array as an accused. The petitioner is a respectable leader. The petitioner is willing to abide by any reasonable terms and conditions. Appropriate directions may be issued under section 438 Cr.P.C., submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application. He submits that appropriate conditions may be imposed. 4. Having considered all the relevant circumstances, I am satisfied that directions under section 438 Cr.P.C. can be issued in favour of the petitioner. In the absence of the BA.764/08 : 3 : opposition of the learned Public Prosecutor, it is not necessary to advert 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 the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 22.2.2008. 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 23.2.2008 and 24.2.2008 and thereafter on all Sundays 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. BA.764/08 : 4 : (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 22.2.2008, 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 22.2.2008. (R.BASANT, JUDGE) aks