IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1139 of 2008() ----------------------------- CRIME NO. 451/07 OF VATTIYOORKAVU POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- BHUVANENDRAN, AGED 42 YEARS, S/O.KUNJUKRISHNAN, MULAVUKADU, THADATHARIKATHU VEEDU, VATTIYOORKAVU, KODUNGANOOR P.O. BY ADV. SRI.A.RAJASIMHAN RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1139 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under section 27 of the Arms Act and Section 3 of the PDPP Act. All other offences alleged are bailable. 2. The fact situation is interesting. The crux of the allegations against the petitioner is that he went to a KSRTC bus which was parked in the night at its terminus. There were two buses parked. The crew of both the buses were available in the vehicle at the relevant time. The petitioner allegedly wanted to sleep inside one of the buses. He had come to the bus wearing a helmet, it is alleged. The crew of the buses raised objection against that. He went away from the scene of the crime. This incident took place at about 00.15 hours. Later on the next morning the petitioner allegedly returned to the scene of the crime with a dangerous weapon. He allegedly broke the lights of B.A.No. 1139 of 2008 2 the KSRTC bus using the said weapon. He is alleged to have threatened and showered obscene abuses on the crew of the buses. The police was allegedly informed. The police allegedly came to the scene of the crime on that morning, but the crime was registered later at 1.30 p.m. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the allegations are inherently uninspiring. As a matter of fact, the incident did not at all take place in the manner alleged by the crew of the buses. According to the petitioner, the crew of the buses, which were parked there, were involved in immoral activities inside the bus. They had taken a woman inside the bus and were using the bus for nefarious purposes. The petitioner, on coming to know of the same, objected to the same. This had irritated the crew and they had raised false allegations against the petitioner knowing that the petitioner was planning to complain about their illegal activity before their superior officials. It is in these circumstances that improbable and artificial allegations are raised long B.A.No. 1139 of 2008 3 later and F.I.R. was registered. It is prayed that the petitioner may not be compelled to endure the trauma of arrest and detention. A detailed and exhaustive investigation will convey to an unbiased officer of the truth of the submissions made. The petitioner may, in these circumstances, be granted anticipatory bail, it is prayed. 4. The learned Prosecutor, after detailed discussions, does not oppose the application, but submits that appropriate conditions may be imposed to ensure a fair, efficient and expeditious investigation. 5. I am satisfied that appropriate directions, subject to appropriate conditions, can be issued under Section 438 Cr.P.C. in favour of the petitioner. 6. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 6.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for B.A.No. 1139 of 2008 4 Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 7.3.2008 and 8.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer 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. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 6.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 6.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 6.3.2008. B.A.No. 1139 of 2008 5 (R. BASANT) Judge tm