IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2729 of 2008 -------------------------------------- (CRIME NO. 8/2003 OF HILL PALACE POLICE STATION, TRIPPUNITHURA) ............. PETITIONER/ACCUSED: ---------------------------------- SHAJAHAN.S., VADAKKENALUTHUNDATHIL, THUNNALLUR,PANTHALAM, PATHANAMTHITTA. BY ADV. SRI.S.SANAL KUMAR. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2729 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging the offence punishable inter alia under Section 397 I.P.C. The matter has been settled between the parties before the Lok Adalath. Parties have no complaints whatsoever. Following the decision in State of Kerala v. Ernakulam District Legal Services Authority 2008(1) KLT 202, notwithstanding the composition before the Lok Adalath, the proceedings in the crime have been revived and the petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case and in the light of the submissions made by the learned Public Prosecutor that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 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. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.2729/08 2 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 09/05/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five 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 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 09/05/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 09/05/2008. (R.BASANT, JUDGE) jsr B.A.No.2729/08 3 B.A.No.2729/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007