IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2715 of 2008(N) ---------------------------------------- CRIME NO.189/2008 OG VARKALA POLICE STATION ..... PETITIONER/2ND ACCUSED --------------------------------------- NADIRSHAH, S/O.SHAMSUDDIN, PADIPURA VEEDU, EDAVA, VARKALA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. 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 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2715 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for anticipatory bail. Petitioner along with a co- accused faces allegations in a crime registered alleging offences punishable, inter alia, under Section 392 I.P.C. 2. The alleged incident took place on 22.03.08. Crime was registered on 23.03.08. The defacto complainant is a police officer turned Advocate, who has been practising for about 1 ½ years now. He was driving his car. Two persons on a motor cycle came and stopped their motor cycle in front of the vehicle obstructing further progress of the defacto complainant's vehicle. They stopped their motor cycle. They attacked the defacto complainant. They took away an amount of Rs.2,500/- from the possession of the defacto complainant. The defacto complainant ascertained the names of the miscreants from the local people. Names were given as Ameer Khan and Sakkir. In the course of investigation it was revealed that the 1st accused was not Ameer Khan, but it was a different named person-Nadirsha, the petitioner herein. B.A.No.2715 of 2008 2 3. The 2nd accused had come to this Court and was granted anticipatory bail as per order dated 18.04.08. 4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The 2nd accused having already been granted anticipatory bail, there is no justification in the insistence that the petitioner must be arrested and detained. What really transpired has not been revealed by the defacto complainant. The defacto complainant's vehicle hit the motor cycle and had sped away without stopping. The petitioner along with the 2nd accused had chased the car of the defacto complainant and had stopped the same. There was a wordy altercation, in the course of which it was revealed that the defacto complainant is a police officer turned Advocate. In these circumstances after exchange of words, the petitioner and the co- accused had gone away. All the other allegations are false and are raised with vexatious intent. The petitioner may also be granted anticipatory bail. 5. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that the 2nd accused having already been granted anticipatory bail by another Bench of this Court, the State may not be justified in opposing the B.A.No.2715 of 2008 3 application for anticipatory bail of the petitioner now. The said order has not been challenged also. Subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation, the petitioner can be granted anticipatory bail, it is submitted. 6. In the facts and circumstances of the case, I am satisfied that the petitioner can also be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 7. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 09.05.2008. He shall be enlarged on regular bail on his executing 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 10.05.2008 and 11.05.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper B.A.No.2715 of 2008 4 conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 09.05.08 as directed in clause (1) above, 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 09.05.08. (R.BASANT, JUDGE) rtr/-