IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4867 of 2008() ----------------------------- CRIME NO. 813/2008 OF KOTHAMANGALAM POLICE STATION PETITIONER : ACCUSED ------------------------ GOPALAKRISHNAN, S/O.PARAMESWARAN, AGED 35, CHIRAKKAL HOUSE, KARUKADAM.P.O, KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM SRI.S.DILEEP (KALLAR) RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, INVESTIGATING OFFICER IN CRIME NO. 813/2008 OF KOTHAMANGALAM POLICE STATION. BY P.P.SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4867 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 3(2)(e) of the P.D.P.P.Act. According to the prosecution, a harthal was declared by a political party, B.J.P. On that day, petitioner allegedly caused loss to K.S.R.T.C. bus by pelting stones. A crime was registered on the basis of a complaint filed by the conductor. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent. He is the 2nd accused in the crime. What is revealed from the First Information Statement is that two identifiable persons committed the offence. No description is made in the First Information Statement to confirm that the petitioner is involved in the offence. Now an attempt is made to falsely implicate the petitioner at the instance of the rival political group, it is submitted. It is also submitted that the petitioner is prepared to surrender before the Investigating Officer and make himself available for the purpose of investigation and custodial interrogation and identification. 4. Learned Public Prosecutor submitted that the petitioner is required for identification by the defacto-complainant. Hence, his presence BA 4889/08 -2- may be made available for custodial interrogation and identification, failing which it will adversely affect the investigation. But for this, he has no other objection in granting anticipatory bail to the petitioner. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner and interest of both sides can be protected. Hence, the following orders are passed:- 1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. 2) Thereafter, in the event of his arrest, if any, he shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that he will report before the Investigating Officer as and when directed and will co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.