IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Bail Appl..No. 3693 of 2010() ----------------------------- CRMP.1038/2010 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.134/2009 OF ANCHALUMMOODU POLICE STATION, KOLLAM) PETITIONER/ACCUSED 5 & 6 -------------------------------------------- 1. SUNIL KUMAR,AGED 42 YEARS, S/O.RAVEENDRAN, KUMARI MANDIRAM,MATHILIL.P.O, KOLLAM. 2. RAJENDRAN,AGED 50 YEARS,S/O.SREEDHARAN, RAKHI NIVAS,MATHILIL.P.O,KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ANCHALUMMOODU POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3693 OF 2010 -------------------------------- Dated this the 14th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 283, 225(B), 332, 427 r/w Section 149 of IPC. According to prosecution, on 09/03/2010, police got information that certain persons were blocking the traffic and taking money by force from various persons. Police party went to the spot and found that accused numbers 1 to 6 were engaged in such illegal activities. The Sub Inspector who is the de facto complainant tried to arrest first accused when accused numbers 2 to 6 intervened and caused obstruction to discharge official duty, assaulted him and the uniform was torn. 3. Learned counsel for petitioner submitted that petitioner is not involved in this case. According to him, petitioners were apprehending arrest, since a complaint was made before the Anchalummoodu police station by one Sivan against the petitioners in connection with some money transaction. An anticipatory bail application was filed by petitioners on 04/05/2010 before the Sessions Court and it was adjourned for getting instructions to several dates. Since instructions were not received, learned B.A No.3693 OF 2010 2 Sessions Judge directed the Station House Officer to appear before the court and he appeared. He then, reported, probably to wriggle out of the situation that petitioners are wanted in this case and that they are the 5th and 6th accused. That is how petitioners were brought into the array of accused. They are absolutely innocent of the allegations made. They had not taken part in any of the incidents alleged in this case. As per a direction of this court, petitioners appeared before the Investigating Officer on 03/07/2010 and they were questioned. 4. This petition is not opposed. Learned Public Prosecutor submitted that petitioners appeared before the Investigating Officer and denied their involvement. But, some more investigation is required in view of the statements given by them. However, petitioners are not required for custodial interrogation and a written instruction is given by the Circle Inspector of Police dated 07/07/2010 to him stating that petitioners are not required for custodial interrogation. 5. On hearing both sides and on a perusal of the written instruction given by the C.I of police, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed. B.A No.3693 OF 2010 3 (1) Petitioners shall, in the event of arrest, be released on bail on their executing bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. (2) This order will be in force only for a period of 15 days from today. In the mean time, petitioners shall seek regular bail from the court concerned. Petition is allowed. K.HEMA JUDGE vdv