IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1819 of 2008() ----------------------------- CRIME 197/08 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED ----------------------------------- ANTONY STANLEY, S/O.STANLEY JOHNS, 3RD YEAR MBBS STUDENT (2005 BATCH) MEDICAL COLLEGE, THIRUVANANTHAPURAM, RESIDING AT ST.ANTONY BHAVAN, HOUSE NO.98, VALLIKEEZHU, KAVANADU P.O., KOLLAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1819 OF 2008 B ```````````````````````````````````````````````````` Dated this the 24th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused. He is an MBBS student. There were some disputes and conflicts between two batches of students of the MBBS course. They allegedly indulged in commission of offences. Those offences are all bailable ones but in the course of that incident it is alleged that damage was caused to the glass windows and frames of the college hostel. Therefore, non- bailable offence punishable under section 3(2) of the PDPP Act is alleged against them. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that there was no intentional causing of any damage even allegedly against any public property. The other offences allegedly committed are all bailable ones. Merely because in BA.1819/08 : 2 : the course of the incident some damage happened to be suffered by the hostel building unintentionally the raising of allegation under section 3(2) of the PDPP Act is not justified, contends the learned counsel for the petitioner. The learned counsel for the petitioner prays that subject to any appropriate conditions the petitioner may be granted anticipatory bail. 3. Notice was given. The learned Public Prosecutor opposes the application but notwithstanding the opposition, in the facts and circumstances of the case, I am satisfied that the petitioner herein can be granted anticipatory bail subject to appropriate terms and conditions. 4. 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 31.3.2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two BA.1819/08 : 3 : 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 1.4.2008 and 2.4.2008. 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, he shall so appear 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. (iv) If he were arrested prior to 31.3.2008, he shall be BA.1819/08 : 4 : 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 31.3.2008. (R.BASANT, JUDGE) aks