IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 492 of 2008() ---------------------------- CRIME NO. 5/08 OF CHAVARA THEKKUMBHAGAM POLICE STATION PETITIONER : 3RD ACCUSED ---------------------------- ANEESH, AGED 24 YEARS, S/O.ARJUNAN KANNANGAZHATHU PADINKETTHOTHIL,VADAKKUMBHAGAM MURI THEKKUMBHAGAM VILLAGE. BY ADV. SRI.SOORANAD S.SREEKUMAR RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSEPCTOR OF POLICE CHAVARA THEKKUMBHAGAM POLICE STATION 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 492 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 153A I.P.C. That is the only non- bailable offence alleged. The crux of the allegations by the defacto complainant is that the petitioner, along with others, had allegedly set fire to flags of the SNDP. 2. The learned counsel for the petitioner submits that the allegations cannot reveal an offence punishable under Section 153A I.P.C. even assuming that the petitioner is guilty of the culpable overt acts as alleged. A co-accused has already been granted anticipatory bail as per order dt. 28.1.2008 in B.A.No. 192 of 2008. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that B.A.No. 492 of 2008 2 directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 6.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 7.2.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse B.A.No. 492 of 2008 3 on 6.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 6.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 6.2.2008. (R. BASANT) Judge tm