IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Bail Appl..No. 6605 of 2008(A) -------------------------------------- CRIME NO.396/2008 OF THE MALAPPURAM POLICE STATION PETITIONER/ACCUSED : ----------------------------- SAKEER HUSSIAN, S/O.MOIDEEN, PULLIYIL PALLIKUTHU HOUSE ALATHOORPADI, MELMURI, MALAPPURAM BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE : --------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR,, HIGH COURT OF KERALA ERNAKULAM KOCHI-31. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUAMR THIS BAIL APPLICATION HAVING COE UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6605 OF 2008 ------------------------------ Dated this the 28th day of October, 2008 O R D E R The petition is for anticipatory bail. 2. The alleged offences are under Sections 353 and 506 (i) of I.P.C. According to prosecution, in the early hours of date of occurrence, a Deputy Tahsildar attached to the Taluk office found a lorry engaged in illegal sand transportation. The lorry was chased in a jeep and while so, a car came in between and blocked the way and the defacto complainant, who is a public servant from discharging his official duty by the obstruction caused. 3. Learned counsel for the petitioner submitted that petitioner is alleged to be the driver of the car which blocked the way. It is also alleged that he is the driver of the first accused in the same crime, who was granted anticipatory bail as per order dated 17.10.2008 in B.A.No.4187 of 2008. The police is in search of the petitioner and in case he is arrested, he is likely to be tortured, it is submitted. The first accused in the crime was taken B.A.6605 of 2008 2 into custody by the Sub Inspector of police, while anticipatory bail filed by him was pending consideration by this Court. He was also physically tortured and he fell unconscious in the police station. The people of the locality gathered and the police even refused to take him to the hospital. Taking all these facts into consideration, first accused was granted anticipatory bail and in the light of observations made by this court, petitioner also filed a representation to the Dy.S.P. to take action against the high handedness shown by the Sub Inspector etc. 4. If the petitioner is arrested, he will also have to face the same consequences at the hands of the Sub Inspector who is investigating into the crime. The petitioner is prepared to co-operate with the investigation in any manner but he is mortally afraid to surrender before Sub Inspector. Hence, the petitioner may be granted anticipatory bail, it is submitted. 5. Learned Public Prosecutor submitted that as per the instructions, the police has to get the actual offender identified by the witnesses and police is aware whether petitioner is the driver of the car or not. It is only if witnesses are questioned showing B.A.6605 of 2008 3 petitioner, his involvement in the offence if any will be revealed. The police has no intention to arrest the petitioner, since police has not confirmed whether he is involved in this case or not, it is submitted. On hearing both sides, particularly on consideration the fate of the first accused as discussed in detail in the order of this court dated 17.10.2008 in B.A. 4187 of 2008, I cannot brush aside the submissions made by the learned counsel for the petitioner regarding the probable torture petitioner may face at the hands of the Sub Inspector. At the same time, I am satisfied he may be required for the interrogation by the police and identification by the witnesses. The possibility of an arrest also cannot be ruled out. The crime was registered as early as on 06.06.2008 and the investigation is in a standstill. Hence the following order is passed : The petitioner shall surrender before the Circle Inspector of Police, Malappuram within seven days from today and make himself available for investigation and identification by the witnesses, B.A.6605 of 2008 4 as instructed by the Circle Inspector. In the event of his arrest, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions: i. Petitioner shall report before the Investigating Officer as and when directed by the Circle Inspector. ii. Petitioner shall not commit any offence while on bail. iii. Petitioner shall not influence or intimidate any witnesses. The petition is allowed. K.HEMA, JUDGE pac