IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8050 of 2007() ----------------------------- CRIME NO.706/07 OF THE NILAMBUR POLICE STATION : PETITIONERS/ACCUSED NOS.3 AND 4 ------------------------------------------------ 1. SHIHAB U.K., S/O. MUHAMMED ALI, OORKKADAVATH HOUSE, MAMPAD P.O., MALAPPURAM DIST. 2. FIROZ BABU, S/O. MUHAMMED NAJEEM, ERANHIKKAL HOUSE, MAMPAD P.O., MALAPPURAM DIST. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8050 of 2007 ---------------------------------------- Dated this the 2nd day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2 in a crime registered alleging offences punishable inter alia under Section 353 I.P.C. That is the only non-bailable offence alleged in the crime against the petitioners. An earlier crime was registered against the fifth accused alleging that he was involved in the illicit transportation of sand. Fifth accused was apprehended; but it is the case of the prosecution that while the mahazer was being prepared by the police official, accused 1 to 4 had reached the scene in a vehicle and forcibly rescued the fifth accused. Accused 3 and 4 were arrested at the spot. Crime has been registered. Investigation is in progress. Petitioners/accused 1 and 2 apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There was no attempt to deter the police officials from discharging their official duty. No injury whatsoever has been suffered by any of the officials. The petitioners are willing to co-operate with the investigators. B.A.No.8050/07 2 Subject to any appropriate conditions, anticipatory bail may be granted to the petitioners, it is prayed. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail. The learned Public Prosecutor submits that appropriate conditions may be imposed. 4. I am satisfied, in the facts and circumstances of this case that the petitioners can be granted anticipatory bail subject to appropriate conditions. 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 09/01/2008. 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 10/01/2008 and 11/01/2008 and thereafter on all B.A.No.8050/07 3 Mondays and Fridays between 10 a.m and 12 noon for a period of one month. Subsequently 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 09/01/2008, 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 09/01/2008. (R.BASANT, JUDGE) jsr B.A.No.8050/07 4 B.A.No.8050/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007