IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6501 of 2008() ----------------------------- CRIME NO.186/08 OF MANJESHWAR POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. VIJAY RAI, S/O. BABU RAI.M., AGED 28, AGRICULTURIST, MALLANGAI HOUSE, PAVANKILA, BANDYODU, MANGALPPADY P.O. 2. GIRIDHAR, S/O.SUNDARA, AGED 22 YEARS, BUSINESS, VEERA NAGAR, ADKA, MANGALPADY P.O. 3. SHABARI, S/O.BABU, AGED 28 YEARS, NEAR GHS SHIRIYA, MANGALPADY, 4. RAJU S/O. LATE KUTYAPPA, AGED 28 YEARS, YOSHONANDA NAGAR, KODIBAIL, UPPALA P.O. 5. PRAVEEN KUMAR, S/O.APPAYYA BELICHADA, PRATHAP NAGAR, MANGALPADY. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE MANJESHWAR POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6501 of 2008 ------------------------------------------------- Dated this the 30th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 3(1) of the Prevention of Damage to Public Property Act. According to prosecution, on 21.6.2008, petitioners destroyed the waste tank kept near the bus stand and thereafter caused damage to the Panchayath. 3. Learned counsel for the petitioners submitted that the local business men raised a complaint that foul smell was emitting from the water tank and several requests were made to demolish the same. The Panchayath, on 18.6.2008, took a decision to demolish it and decided to construct a new tank with the help of the local business men. Annexure I is the copy of the minutes of the meeting of the committee. In the meantime, somebody demolished the waste tank and petitioners are not responsible for the same, it is submitted. The petitioners are prepared to co-operate with the investigation and surrender BA No.6501/08 2 before the Investigating Officer, it is submitted. 4. Learned public prosecutor submitted that petitioners may be directed to surrender before the Investigating Officer. They were not available for interrogation and investigation for the past more than four months. But, he has no objection in granting anticipatory bail, subject to above condition. 5. On hearing both sides, I am satisfied that suitable directions can be issued in the matter. Hence, the following order is passed: (i) Petitioners shall surrender before the Investigating Officer within seven days from today and make themselves available for interrogation and co-operate with the investigation. (ii) In the event of arrest, petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will co-operate with the investigation and report BA No.6501/08 3 before the Investigating Officer as and when directed and they shall also not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl