IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Bail Appl..No. 876 of 2008() ---------------------------- CRIME NO.145/08 OF KUNNAMKULAM POLICE STATION PETITIONER --------------------------- K.A.AZIZ, S/O. AHAMMED, AGED 45 YEARS, KOMBATHAYIL HOUSE, KIZHOOR, KUNNAMKULAM P.O., THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 876 OF 2008 ------------------------------------------------- Dated this the 19th day of February, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Secs.353 and 506(1) of the IPC. The de facto complainant is an income tax official who was conducting a survey in a shop. The petitioner has nothing to do with the shop, except that he had gone to the shop to purchase an article. When the petitioner asked for the article, the shop keeper stated that as the survey was going on, the article could not be sold. Though the official permitted such sale, but the article was not available. At this stage, the petitioner allegedly assaulted and abused the income tax official. He attempted to kick the official. This is the alleged indiscretion committed by the petitioner. A crime has been registered. Investigation is B.A. No. 876 OF 2008 -: 2 :- in progress. The offence under Sec.353 of the IPC has now been declared to be non-bailable. The petitioner, in these circumstances, apprehends arrest and detention. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Totally false, vexatious and exaggerated allegations are being raised. No incident as alleged had taken place at all. There was an occasion for the petitioner and the official to disagree and a quarrel ensued. Vexatious and exaggerated allegations are now invented of alleged obstruction to the official duty of the official. There is no reason why the petitioner shall obstruct the official duty of the income tax official. The petitioner was not in any way interested in the shop owner as to persuade him to act on his behalf and to take the income tax official to task. In fact the very case is that the owner of the shop was not interested in any such quarrel. In these circumstances, it is clear that the allegations against the petitioner are not justified. The petitioner may, in these circumstances, be granted anticipatory bail. He shall co-operate with the Investigator. He may be saved of the trauma of undeserved arrest and detention, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the B.A. No. 876 OF 2008 -: 3 :- application. The learned Public Prosecutor only prays that appropriate conditions may be imposed. Having considered all the relevant circumstances, I have no hesitation to agree that the petitioner is entitled for anticipatory bail in the facts and circumstances of this case. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 26/2/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- 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 12 noon on 27/2/08 and thereafter 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 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 the petitioner were arrested prior to his surrender B.A. No. 876 OF 2008 -: 4 :- on 26/2/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 26/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge