IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 623 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2694/2008 Dated 22/01/2008 CRIME NO.57/2008 OF HOSDURG POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- MOHAMMED KUNHI, S/O.LATE M.B.ABDULLAH HAJI, M.B.HOUSE, R.S.ROAD, KANHANGAD. BY ADV. SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.623 of 2008 ---------------------------------------- Dated this the 4th day of February 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations of having committed offences punishable inter alia under Section 379 I.P.C as also under the provisions of the Indian Electricity Act. The crux of the allegations against the petitioner is that he had tampered with the electricity meter and consequently committed theft of electrical energy. Crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner had approached this court with W.P.C.No.2694/2008 and even the connection to the premises has been restored as directed by the learned Judge by his order dated 22/1/2008 in W.P.C.No.2694/2008. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of B.A.No.623/08 2 opposition, it is not necessary for me to advert to facts in any greater detail. 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 11/2/2008. 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 1 p.m on 12/2/2008. 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 the petitioner shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.623/08 3 (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 11/02/2008, 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 11/2/2008. (R.BASANT, JUDGE) jsr B.A.No.623/08 4 B.A.No.623/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007