IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1299 of 2008() ----------------------------- CRIME NO.103/2008 OF VADAKKANCHERRY POLICE STATION APPLICANT/ACCUSED ------------------------ 1. RAJEEV,S/O.NARAYANAN PARUVASSERY,VADAKKANCHERRY PALAKKAD. 2. PRASAD, S/O.K.V.MANIKKAN AGED 26 YEARS, VADAKKANCHERRY PALAKKAD. 3. SATHEESH, S/O.SUBRAMANIYAN,AGED 28 YEARS,THENIDUKKU PARUVASSERY, VADAKKANCHERY, PALAKKAD. 4. RAMSEH, S/O.CHAMU,AGED 29 YEARS KOLAKKODE HOUSE, PARUVASSERY VADAKKANCHERY, PALAKKAD. 5. MANIKANDAN, S/O.MANIKKAN, AGED 27 YEARS, VELLAKUNNU HOUSE, VANOOR, ALATHUR, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1299 of 2008 ---------------------------------------- Dated this the 3rd day of March 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 5. Altogether there are six accused persons. The crux of the allegations against the petitioners is that they had obstructed a public servant, the driver of a K.S.R.T.C bus in the discharge of his official duties and had allegedly caused damage to the vehicle which attracts the offence punishable under Section 3 of the P.D.P.P.Act. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The K.S.R.T.C. bus was being driven in such a rash and negligent manner. The petitioners had questioned the same. On account of this animosity, totally false and vexatious allegations are being raised. There is no allegation of physical assault. The only allegation is about the damage caused to the K.S.R.T.C bus. This allegedly was not caused deliberately by the petitioners; but it was suffered in the accident. B.A.No.1299/08 2 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 10/03/2008. They shall be released on regular bail on condition that they execute 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 1 p.m on 11/03/2008 and 12/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays between 10 a.m and B.A.No.1299/08 3 12 noon for a period of one month. Subsequently the petitioners shall so appear 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 these directions were not issued at all. (iv) If they were arrested prior to 10/03/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 10/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1299/08 4 B.A.No.1299/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007