IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1664 of 2008() ----------------------------- CRIME NO. 273/08 OF PERUMBAVOOR POLICE STATION PETITIONERS ---------------------------- 1. SHINO ALIAS, MANACKA CHODAN HOUSE, PERUMBAVOOR. 2. BABY MATHAI, EDAKKARA HOUSE, KOMBANADU P.O. 3. SAJEEV GOPALA NAIR, VILAVATHU HOUSE, PERUMBAVOOR. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ------------- STATE OF KERALA 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 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1664 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. They face allegations in a crime registered, inter alia, for offences punishable under Sections 332 and 341 I.P.C. The alleged incident took place on 17.2.2008. The petitioners are not named in the F.I.R. They have subsequently been brought on the array of accused on 19.2.2008. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. False and vexatious allegations are being raised against them. The defacto complainant is a KSRTC conductor. He has got involved in some disputes with the local people. Solely to vex and harass the petitioners allegations are raised against them. In these circumstances they may not be compelled to endure the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. B.A.No. 1664 of 2008 2 3. The learned Prosecutor does not oppose the application, but submits that appropriate conditions may be imposed to ensure a fair, efficient and expeditious investigation. 4. I am satisfied that appropriate directions, subject to appropriate conditions, can be issued under Section 438 Cr.P.C. in favour of the petitioners. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 25.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. B.A.No. 1664 of 2008 3 (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 26.3.2008 and 27.3.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 25.3.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (e) If the petitioners were arrested prior to their surrender on 25.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 25.3.2008. (R. BASANT) Judge tm