IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2324 of 2008() ----------------------------- CR.NO.60/2008 OF IRIKKUR POLICE STATION : PETITIONERS/ACCUSED NO. 1 & 2 ---------------------------------------------- 1. AYUB.P., S/O.V.C.MEMI, AGED 39 YEARS, TEACHER, KAMALIYA U.P.SCHOOL, SIDDIQUE NAGAR, IRIKKUR P.O., KANNUR DISTRICT. 2. P.DAVOOD, S/O.RASHEED, AGED 21 YEARS, STUDENT, PALLIPATH HOUSE, SIDDIQUE NAGAR, IRIKKUR P.O., KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, IRIKKUR POLICE STATION, KANNUR DISTRICT, (CRIME NO.60/2008 OF IRIKKUR POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2324 of 2008 ---------------------------------------- Dated this the 10th day of April 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable inter alia under Section 3 of the P.D.P.P.Act. The crux of the allegations against the petitioners is that they, along with the co- accused, allegedly caused damage and destruction to the compound wall of a Government school. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that proceedings have been initiated vexatiously with mala fide intent. There is a dispute between the authorities of the Government school and the local people about a pathway which the local people are entitled to use. Parties are before the civil court and it is submitted that the civil court has granted interim orders against the school authorities. In a transparent attempt to steal march over their adversaries in the civil allegation, the Government school had allegedly put up certain construction ignoring directions in the civil court orders. It is that civil dispute which has blown out of proportion now and is described as culpable criminal offence punishable under Section 3 of the P.D.P.P.Act. In any view of the matter, the petitioners do not B.A.No.2324/08 2 deserve to endure the trauma of arrest and detention. They may be granted anticipatory bail. They shall co-operate with the investigating officer and abide by all conditions which this court chooses to impose, submits the learned counsel for the petitioner. 3. After discussions at the Bar, the learned Public Prosecutor does not oppose the application; but only submits that appropriate conditions may be imposed. 4. Having considered all the relevant circumstances, I am persuaded to agree that directions under Section 438 Cr.P.C can be issued in favour of the petitioners. 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. 5. 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 17/04/2008. 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. B.A.No.2324/08 3 ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 18/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter 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 17/04/2008, 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 17/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2324/08 4 B.A.No.2324/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007