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. 2709 of 2008() --------------------------------------- CRIME NO.69/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM. .... PETITIONER/ACCUSED ----------------------------------- 1. UNNIKRISHNAN, S/O.ACHUTHAN,PALLATHUKUDY HOUSE, VELLOOR, MAVELLOOR P.O., KOTTAYAM. 2. THILAKAN, S/O.CHELLAPPAN, THOTTATHIL HOUSE, THONNALLOOR, KOTTAYAM. BY ADV. SRI.P.P.JACOB RESPONDENTS: ----------------------- 1. THE SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION, VELLOOR, KOTTAYAM. 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 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2709 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for anticipatory bail. Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 353 I.P.C. The petitioners had allegedly deterred two police constables, who allegedly went to them in connection with their official duty. The petitioners take the stand that they did not know that the visitors were police officials. Objections were raised against the alleged improper conduct of the said persons, who it is now realised were police officials. The learned Public Prosecutor submits that it is the case of the police officials that identity cards were shown to the petitioners and there was no possibility of any genuine or bona fide doubt about the identity of the victims. The learned counsel for the petitioners submits that in any view of the matter, the petitioners do not deserve to endure the trauma of arrest and detention. The victims have not suffered any injuries whatsoever. It was, even if it is accepted, a bona fide indiscretion because the petitioners were unable to know that the alleged victims were police officials. They may be granted anticipatory bail, it is prayed. 2. The learned Public Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be B.A.No.2709 of 2008 2 granted to the petitioners subject of course to appropriate terms and conditions. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 09.05.2008. They shall be enlarged on regular bail on their executing 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; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 10.05.2008 and 11.05.08 and thereafter on all Mondays between 10 a.m and 3 p.m for a period of one month. Subsequently the petitioners shall make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioners do 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 petitioners and deal with them in accordance with law as if those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 09.05.08 as directed in clause (1) above, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 09.05.08. (R.BASANT, JUDGE) rtr/- B.A.No.2709 of 2008 3