IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8104 of 2007() ----------------------------- CRIME NO.174/07 OF PERUNAD POLICE STATION : PETITIONER/ACCUSED ----------------------------------- SOMAN C.G., CHIRAPARAMBIL HOUSE, NARANAMOOZHY, ATHIKAYAM. BY ADV. SRI.S.SANTOSH KUMAR (PERUNAD) RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8104 of 2007 ------------------------------------- Dated this the 2nd day of January, 2008 ORDER Application for anticipatory bail. Petitioner, a driver in the Police Department, faces allegations in a crime registered for offences punishable, inter alia, under Section 353 r/w 149 I.P.C. Complaint has been filed by an official of the Excise Department. It is alleged that the excise party was abused using filthy and obscene languages and such conduct on the part of the petitioner amounted to obstruction to the due discharge of the official duties of the excise officials. Crime has been registered. Investigation is in progress. Though initially allegations were raised of commission of offences punishable under Sections 143 and 147 I.P.C, those allegations have now been dropped. No other person is now on the array of accused other than the petitioner. The petitioner faces allegations only under Section 353 I.P.C. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent of what happened on the road. When the road was obstructed by the excise vehicle, there was a wordy quarrel between the driver of the excise vehicle and B.A.No.8104 of 2007 2 the petitioner herein. Local people assembled and they took sides with the petitioner. The excise officials then lodged a most untenable complaint against the petitioner before the local police. Accordingly, the crime has been registered. Though an attempt was made initially to suggest that the accused along with others was involved in the attempt to obstruct the official duties of the excise party, investigation has not so far revealed any connection between the petitioner or any other offender under the Kerala Abkari Act. In these circumstances, the petitioner may be granted anticipatory bail, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that it is true that in the course of investigation, all other offences have been deleted and the petitioner is the sole accused surviving on the party array now. The learned Public Prosecutor further confirms that the investigation does not reveal that the petitioner has any nexus with any offender in the Kerala Abkari Act. 4. Having considered all the relevant inputs, I am satisfied, that the petitioner can now be granted anticipatory bail. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. B.A.No.8104 of 2007 3 i) The petitioner shall appear before the learned Magistrate at 11 a.m on 09.01.2008. He shall be enlarged on regular bail on his executing 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 between 10 a.m and 3 p.m on 10.01.2008 and 11.01.2008 and thereafter 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 09.01.08 as directed in clause (1) above, 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 09.01.08. (R.BASANT, JUDGE) rtr/- B.A.No.8104 of 2007 4