IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1988 of 2008() ----------------------------- [CRIME NO.57/2008 OF POTHENCODE POLICE STATION] : PETITIONER/ACCUSED NO.3: ----------------------------------------- SAJIMON, AGED 27 YEARS, S/O. BALAKRISHNAN, SAJI VILASOM, VAVARA AMBALAM DESOM, KEEZHTHONNACKAL VILLAGE,THIRUVANANTHAPURAM TALUK. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DIST REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1988 of 2008 ---------------------------------------- Dated this the 1st day of April 2008 O R D E R Application for anticipatory bail. The petitioner is the 8th accused. Altogether five named accused and ten others are arrayed as accused in the crime. The alleged incident took place on 11/3/2008. The police party was allegedly obstructed from discharging their official duties. No injuries have been suffered by anyone, it is submitted. The allegation is that the miscreants stood in front of a police jeep and did not allow the police to move. Five named accused persons and ten others are arrayed as accused. The petitioner has been brought in the array of accused as the eighth accused after the commencement of the investigation. Investigation is in progress. The petitioner apprehends imminent arrest. Accused 1 to 5 have already been arrested and enlarged on bail. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied 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. B.A.No.1988/08 2 3. In the result, this petition is allowed. Following 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 08/04/2008. 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 5 p.m on 09/04/2008 and 10/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays 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 B.A.No.1988/08 3 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 08/04/2008, 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 08/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1988/08 4 B.A.No.1988/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007