IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 508 of 2008() ---------------------------- CRIME NO.892/07 OF PANAGAD POLICE STATION PETITIONERS : ACCUSED ----------------- 1. SRI.BALARAMAN, PRESIDENT, VISWA HINDU PARISITH, REGISTER NO. 135/1978, HINDU CULTURAL CENTER, NEAR PAVAKKULAM TEMPLE, KALOOR, ELAMKULAM VILLAGE, KANYANOOR TALUK. 2. SRI.UNNI KRISHANAN, SECRETARY, VISWA HINDU PARISITH, REGISTER NO.135/1978 HINDU CULTURAL CENTER, NEAR PAVAKKULAM TEMPLE, KALOOR, ELAMKULAM VILLAGE, KANYANNOOR TALUK. 3. SRI.M.B.VIJAYA KUMAR, JOINT SECRETARY, VISWA HINDU PARISITH, REGISTER NO. 135/1978, HINDU CULTURAL CENTER, NEAR PAVAKKULAM TEMPLE, KALOOR, ELAMKULAM VILLAGE, KANYANNOOR TALUK. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: STATE ------------- STATE, SHO, PANAGAD POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.508 of 2008 ------------------------------------- Dated this the 6th day of February, 2008 ORDER Application for anticipatory bail. Petitioners face allegations in a crime registered alleging commission of offences punishable, inter alia, under Sections 420 and 468 r/w 34 I.P.C. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the allegations raised are totally false. The crux of the allegations is that a forged document has been brought into existence. The document is not a forged one. It is a genuine one. False and vexatious allegations are being raised against the petitioners by the defacto complainant because of political animosity, it is urged. 3. The learned Public Prosecutor submits that the petitioners are not co-operating with the investigators in spite of several requests made. The police have no objection in B.A.No.508 of 2008 2 anticipatory bail being granted to the petitioners. But the interests of a fair, efficient and expeditious investigation may be ensured by directing the petitioners to co-operate with the investigator and to make themselves available for interrogation. 4. I am satisfied in the facts and circumstances of this case that anticipatory bail can be granted to the petitioners subject of course to appropriate terms and conditions. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 13.02.08. They shall be enlarged on regular bail on their executing bonds for Rs.50,000/- (Rupees Fifty 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 4 p.m on 14.02.2008 and 15.02.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the B.A.No.508 of 2008 3 Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of one month subsequently 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 13.02.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each without any sureties undertaking to appear before the learned Magistrate on 13.02.08. (R.BASANT, JUDGE) rtr/-