IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2041 of 2008() ----------------------------- CRIME 114/08 OF CHERUTHURUTHY POLICE STATION PETITIONERS/ACCUSED : ----------------- 1. GANESHAN P.K., S/O.KARUPPAN, PLAKKUNDIL HOUSE, PANNIYADI. 2. BHOOPESH V.A., S/O.AYYAPPAN, \VADAKKEKUNNU. 3. REVEENDRAN P.C., S/O.CHATHAN, KOTTARATHODI, PANNIYADI. 4. ABDUL SALIM K.S., S/O..SHAHUL HAMEED, KOTTAVILA HOUSE, PANNIYADI, NEDUMPURA P.O. 5. HARIDAS K.S, S/O.SANKUNNI, KARANCHERRY HOUSE, PANNIYADI,. 6. P.C.KRISHNANKUTTY, S/O.CHUNGAN, PARITHAPPURATHUPADI, PANNIYADIP.O., NEDUMPURA, CHERUTHURUTHY.THRISSUR. 7. GOPI P.K., S/O.KARUPPAN. KINATTINKARAPPADI, PANNIYADI. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2041 OF 2008 A ```````````````````````````````````````````````````` Dated this the 3rd day of April, 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 7. Altogether there are seven accused only. They face allegations in a crime registered alleging offences punishable, inter alia, under section 353 read with 149 IPC. The alleged incident took place on 10.3.08. The de facto complainant is an official of the State Government. He was allegedly engaged in conducting a meeting. The petitioners who had certain objections allegedly created such conditions that the meeting could not be proceeded with. The learned Public Prosecutor submits that this is the allegation against the petitioners raised in the crime registered under section 353 IPC. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer BA.2041/08 : 2 : and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the 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 petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 10.4.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 11.4.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in BA.2041/08 : 3 : custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they shall so appear on all Mondays between 10 a.m and 12 noon for a period of one month. Subsequently, the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do 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 petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 10.4.08, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 10.4.08. (R.BASANT, JUDGE) aks