IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1216 of 2008() ------------------------------------------ (CRIME NO.129/08 OF MATTANCHERRY POLICE STATION) PETITIONER: -------------------- J.ANTONY, S/O.LATE ANTONY MANEZES, PUTHENPURACKAL DENTAL CLINIC, KOCHI-6. BY ADV. SRI.P.BABU KUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, MATTANCHERRY POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- B.A.No.1216 of 2008 ---------------------------------------- Dated this the 6th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Section 420 I.P.C. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His father had founded a Dental Clinic. He was running the same for a long period. Later, after his death, the petitioner had taken over the management of the Dental Clinic. The petitioner is not a Dentist. He is only a Dental Mechanic. His son and son-in-law are qualified Dentists. The Clinic is now being run under the management of the petitioner by employing qualified dentists to attend to the work. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention. B.A.No1216./08 2 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that no allegation under the Dentists Act, 1948 is raised against the petitioner. The learned Public Prosecutor submits that the State has no objection in the facts and circumstances of this case against grant of anticipatory bail to the petitioner herein. 4. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioner. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to 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 12/03/2008. 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. B.A.No1216./08 3 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 13/03/2008 and 14/03/2008. 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 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 12/03/2008, 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 12/03/2008. (R.BASANT, JUDGE) jsr B.A.No1216./08 4 B.A.No1216./08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007