IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1746 of 2008() ----------------------------- CRIME 66/08 OF ADHUR POLICE STATION PETITIONER/ACCUSED: ------------------------------------ KRISHNAN A., AGED 33 YEARS, S/O. APPAKUNHI, BELLIGE HOUSE, MULLERIYA P.O., KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CRIME NO.466 OF 2008 OF ADHUR POLICE STATION), KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1746 OF 2008 A ```````````````````````````````````````````````````` Dated this the 25th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused in a crime registered alleging commission of offences punishable under sections 353 and 452 IPC. The alleged incident took place on 9.3.08. The petitioner is named in the FIR. Five other unnamed persons are also arrayed as accused. The accused persons have allegedly trespassed into the excise office and showered abuses on the excise officials. This was allegedly done by them in retaliation against raids which they have conducted in the locality. Police have registered a crime. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner had occasion earlier to complain about the highhanded action of BA.1746/08 : 2 : the police before the authorities including the Human Rights Commission. As a retaliation against such conduct on the part of the petitioner, the police, influencing the excise officials, has now registered the present crime. Nothing had happened as alleged. The petitioner is not involved in any abkari offence at any time. In these circumstances, it is idle to assume that the petitioner would have gone to the excise office and indulged in alleged culpable conduct. In any view of the matter, the petitioner may be granted anticipatory bail. He shall co-operate with the investigation, it is submitted. 3. The learned Public Prosecutor refutes the allegations raised but concedes that the State has no objection against grant of anticipatory bail to the petitioner herein. I am satisfied, in these circumstances, that anticipatory bail can be granted to the petitioner. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 4. In the result, this petition is allowed. Following BA.1746/08 : 3 : 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 1.4.2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two 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 1 p.m on 2.4.2008 and 3.4.2008 and thereafter on all Mondays 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 BA.1746/08 : 4 : law, as if these directions were not issued at all. (iv) If he were arrested prior to 1.4.2008, he shall be 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 1.4.2008. (R.BASANT, JUDGE) aks