IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 207 of 2008() ---------------------------- CRIME NO.1221/07 OF KOTHAMANGALM POLICE STATION ................. PETITIONERS : ACCUSED: ------------------------- 1. LEVAN, S/O.KUNHAPPAN, KUMBALAVELIL HOUSE, NELLIMATTOM, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 2. BASIL, S/O.THOMAS, ANITHOTTATHIL, NELLIMATTOM, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 3. ELDHOSE, S/O.SURESH, CHIRAYIL, NELLIMATTOM, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 4. SATHEESH, S/O.JACOB, CHIRAYIL, NELLIMATTOM, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 5. EESA, S/O.HARIS, CHAKKALAKKAL, NELLIMATTOM, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 6. SUNNY, S/O.MATHEW, ALAPPURAKKAL, NELLIMATTOM, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS: COMPLAINANT AND STATE: ----------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 207 OF 2008 ------------------------------------------------- Dated this the 16th day of January, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 6 in a crime registered initially for offences which were only bailable. Investigation is in progress. Now, an allegation has been raised under Sec.452 of the IPC also. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the allegation of having committed the non-bailable offence under Sec.452 of the IPC has been raised without any valid reasons and belatedly with the sole intention of vexing and harassing the petitioners. The scene mahazar prepared later on the same day does not reveal any indications of the said offence under Sec.452 of the IPC. In the First Information Statement, there are no indications of the commission of such B.A. No. 207 OF 2008 -: 2 :- an offence under Sec.452 of the IPC, submits the learned counsel for the petitioners. In these circumstances, the petitioners may be granted anticipatory bail subject to any appropriate conditions in the interests of a fair, efficient and expeditious investigation, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail. The learned Public Prosecutor only submits that appropriate conditions may be imposed. 4. I am satisfied, in the facts and circumstances of this case, that the petitioners can be granted anticipatory bail. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 23/1/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 24/1/08 and 25/1/08 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, they shall so make themselves available B.A. No. 207 OF 2008 -: 3 :- for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do 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 petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 23/1/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 23/1/08. (R. BASANT, JUDGE) Nan/