IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 7903 of 2007() ----------------------------- CRIME NO.569/2007 OF THE CHATHANNOOR POLICE STATION : PETITIONER/ACCUSED ----------------------------------- P.N.MURALEEDHARAN A.S.I. OF POLICE CHATHANNOOR POLICE STATION KOLLAM RESIDING AT ROSE VILLA, VELIYAM P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7903 of 2007 ---------------------------------------- Dated this the 7th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the sole accused. He is an Assistant Sub Inspector of Police. In front of the Circle Inspector of Police, the petitioner had allegedly abused the Sub Inspector of Police of the same police station and had deterred him from the discharge of his official duties. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. False and vexatious allegations are now being raised against the petitioner by the Sub Inspector of Police. The petitioner also, in turn, has made allegations against the Sub Inspector of Police. The superior officers are taking a partisan attitude and this crime has been registered against the petitioner. The petitioner is willing to co- operate with the investigating officer for a smooth, efficient and expeditious investigation. He may be saved of the trauma of arrest and incarceration. Any appropriate conditions may be imposed, submits the learned counsel for the petitioner. B.A.No.7903/07 2 3. The learned Public Prosecutor opposes the application. But notwithstanding the opposition by the learned Public Prosecutor, I am satisfied, in the facts and circumstances of this case that arrest and incarceration of the petitioner is not strictly necessary. In the peculiar facts and circumstances of this case, I am satisfied that the petitioner can be granted anticipatory bail subject of course to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 14/01/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) 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 3 p.m on 15/01/2008 and 16/01/2008 and thereafter on all B.A.No.7903/07 3 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. (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 he were arrested prior to 14/01/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 14/01/2008. (R.BASANT, JUDGE) jsr B.A.No.7903/07 4 B.A.No.7903/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007