IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2257 of 2008() ----------------------------- CRIME 177/08 OF PATTAMBI POLICE STATION PETITIONER: ---------------------------- SAIDALAVI, S/O. MOIDEEN, KUTTEPARAMBIL HOUSE, PAILIPURAM, THIRUVEGAPURA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2257 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner has come to this Court apprehending arrest at the hands of the Pattambi police though the petitioner was not aware of the precise allegations raised against him. 2. The learned Public Prosecutor, after taking instructions, submits that crime No.177/08 of Pattambi police station has been registered against the petitioner alleging commission of the offenes punishable under the Mines and Minerals Development and Regulation Act as also section 353 IPC. The former offence is bailable. The latter offence is now non-bailable. The learned counsel for the petitioner submits that the allegations are totally unjustified. Even if the entire allegations were accepted, the grievance is only that without paying heed to the stop signal given by the policeman the accused had taken his vehicle forward. In any view of the BA.2257/08 : 2 : matter, the petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor submits that the State has no objection, in the facts and circumstances of the case, against the grant of anticipatory bail to the petitioner subject to appropriate terms and conditions. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioner is entitled for grant of anticipatory bail. 5. 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 17.4.2008. 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 BA.2257/08 : 3 : interrogation before the investigating officer between 10 a.m and 5 p.m on 18.4.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, he shall so appear on all Mondays and Fridays 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 17.4.2008, 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 17.4.2008. (R.BASANT, JUDGE) BA.2257/08 : 4 : aks