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. 885 of 2008(C) ----------------------------- CRIME 30/08 OF KOZHIJAMPARA POLICE STATION PETITIONER --------------------------- SRI.C.HARIDAS, PROPRIETOR, VASANTH CLOTH STORES, KOZHIJAMPARA. BY ADV. SRI.J.JULIAN XAVIER RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOZHIJAMPARA. 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. 885 OF 2008 E ```````````````````````````````````````````````````` Dated this the 15th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations for offences punishable under the Indian Electricity Act as also section 379 IPC. The alleged incident took place on 24.1.08. Illegal extortion of electrical energy is the offence alleged. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The electrical connection has been restored on terms already. The petitioner may, in these circumstances, be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. He prays that appropriate conditions may be imposed. 4. Having considered all the relevant inputs, I am BA.885/08 : 2 : satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of the opposition by 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 5 p.m on 23.2.2008 and 24.2.2008. During this period, the investigating officer shall be at liberty to interrogate the BA.885/08 : 3 : petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, he shall so appear 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 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