IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1477 of 2008() ----------------------------- CRIME 72/08 OF KODAKARA POLICE STATION PETITIONER --------------------------- RAFI, AGED 43, S/O. INIKKAL RAPPAI MURIYAD VILLAGE & DESOM, MUKUNDAPURAM TALUK IRINGALAKUDA. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KODAKARA POLICE STATION, KODAKARA. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1477 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under section 3 of the PDPP Act. All other offences are bailable. Earlier also in another crime allegations under section 353 IPC have been raised against the petitioner, submits the learned Public Prosecutor. The learned counsel for the petitioner submits that such allegations are being raised against the petitioner with malafide and oblique motives without any bona fide whatsoever. 2. The precise allegation in this case is that the petitioner had trespassed into the Panchayat office and caused damage to one plastic chair in the Panchayat office. There is an ongoing dispute between the Panchayat and the petitioner regarding the conduct of a meat stall - renewal of BA.1477/08 : 2 : licence, run by the petitioner. Because of such disputes which had obliged the petitioner to come to this Court with Annexure-II WPC.26454/07, false and vexatious allegations are being raised against the petitioner, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor refutes the allegation but concedes that the State does not want to oppose the application for anticipatory bail subject to appropriate conditions which shall ensure the interests of a proper and efficient investigation. Anticipatory bail can be granted to the petitioners, it is conceded. 4. I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate conditions. In the absence of the opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. BA.1477/08 : 3 : i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17.3.2008. 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 18.3.2008 and 19.3.2008. 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 BA.1477/08 : 4 : 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 17.3.2008, 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 17.3.2008. (R.BASANT, JUDGE) aks