IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 663 of 2008() ---------------------------- CRIME NO.399/07 OF NEDUMAKANDAM POLICE STATION PETITIONER/ACCUSED ----------------------------------- A.J.AUGUSTINE, S/O JOSEPH, ATTIPATTIL HOUSE, KALKOONTHA VILLAGE, NEDUMKANDAM, IDUKKI DISTRICT. BY ADV. SRI.BINDU SREEKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 663 OF 2008 ------------------------------------------------- Dated this the 6th day of February, 2008 ORDER Application for anticipatory bail. A base dispute between an Advocate and his client is revealed from the Case Diary. The petitioner is the client. He had filed a complaint against his Advocate earlier. A crime was registered. Investigation was conducted. Complaining that no proper investigation is being conducted, the petitioner had come to this Court and by order dated 4/1/2008 in W.P.(c) No.36275/07, that petition was closed by another Bench of this Court with observations. 2. After completion of the said proceedings, the said Advocate appears to have filed another private complaint against the petitioner which has been referred to the police under Sec.156(3) of the Cr.P.C. The crime has been registered. Investigation is pending. The petitioner B.A. No. 663 OF 2008 -: 2 :- apprehends imminent arrest. 3. I do not think it necessary to advert to the facts in detail. Suffice it to say, I am satisfied (and the learned Public Prosecutor does not oppose the prayer for anticipatory bail) that this is an eminently fit case where directions under Sec.438 of the Cr.P.C. can and ought to be issued subject, of course, to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 13/2/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- 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 14/2/08 and 15/2/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer as and when directed by the B.A. No. 663 OF 2008 -: 3 :- 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 the petitioner were arrested prior to his surrender on 13/2/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 13/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge