IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 246 of 2009() ---------------------------- CRIME NO.827/08 OF KODUNGALLUR POLICE STATION PETITIONER: ACCUSED --------------------------------------- VISHNU NAGAPALLY, AGED 33 YEARS, S/O.N.S.MURALEEDHARAN NAIR, ADVERTISEMENT MANAGER, MATHRUBHUMI, THRISSUR. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 246 of 2009 ----------------------------------------- Dated this the 21st January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 509 of the Indian Penal Code and 2(b) and 2(e) of the Prevention of Insults to National Honour (Amendment) Act, 2003. According to prosecution, petitioner is fifth accused, who is the Advertisement Manager of the 'Mathrubhumi' daily, Thrissur edition, who caused the publication to be effected, who was in charge of the advertisement department during the relevant period in which the offence in this case was committed. According to prosecution, a photograph of a woman appeared in the 'Mathrubhumi' daily dated 15.8.2008, in which a woman was wearing an apparel having tri-colour of Indian National Flag. 3. A complaint was filed that the advertisement was caused to be published by a jewelery shop through an advertising agency and the various offences were committed by the accused, by use of a portion of the National Flag. BA.246/09 2 4. Learned counsel for petitioner submitted that petitioner is fifth accused and this Court considered at length various aspects concerning the offences in two bail applications (BA.7211, 6697 and 6710 of 2008) and found that anticipatory bail can be granted. Hence, petitioner may also be granted anticipatory bail, it is submitted. 5. Learned Public Prosecutor submitted that petitioner is similarly placed and he has no objection in granting anticipatory bail to petitioner. On hearing both sides, I find that anticipatory bail can be granted to petitioner and the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and in the event of his arrest, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioner shall not tamper with evidence or commit any offence. BA.246/09 3 ii) Until an order is passed on merit on the disputed issue, no advertisement, which is the subject matter of this petition shall be published. Petition is allowed. K.HEMA, JUDGE vgs.