IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 8100 of 2007() ----------------------------- CRIME NO.404/07 OF RANNY POLICE STATION PETITIONERS ---------------------------- 1. MAJEESH MOHAN, S/O.MOHAN DAS, KUTTIYIL HOUSE, VALIYAKULAM, CHERUKULANJI MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA. 2. SREEKUMAR, S/O.VIJAYAN, EEROLIKAL HOUSE, VALIYAKULAM, CHERUKULANJI MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA. 3. BINOY, S/O.MURALIDHARAN, VELUTHALAKUZHHIYIL, VALIYAKULAM CHERUKULANJI MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA. 4. BIJU, S/O.GANGADHARAN, CHIRAVALIL HOUSE, VALIYAKULAM, CHERUKULANJI MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA. 5. AKARSH, S/O.GOPALAKRISHNAN, KIZHAKKEPATHALIL, VALIYAKULAM, CHERUKULANJI MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA. 6. SHIJU, S/O.GANGADHARAN, SREEJA VILASAM, VALIYAKULAM, CHERUKULANJI MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA. 7. PRASAD, S/O.RAJANKUTTY, EETTIKALKIZHAKKETHIL, VALIYAKULAM, CHERUKULANJI MURI, VADASSERIKARA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ------------- 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 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8100 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under Section 452 I.P.C. That is the only non-bailable offence alleged against the petitioners. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that even if the entire allegations are accepted, there are no elements of any offence punishable under Section 452 I.P.C. At worst the allegations can constitute only offences punishable under Sections 447 and 427 I.P.C., submits the counsel. The learned counsel points out that there is not even an allegation that there was any trespass into the residential building of the defacto complainant. 3. The learned Prosecutor does not oppose the application and I am satisfied that this is a fit case where directions under B.A.No. 8100 of 2007 2 Section 438 Cr.P.C. can be issued in favour of the petitioners. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 7.1.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 8.1.08 and 9.1.2008 and thereafter on all Saturdays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 8100 of 2007 3 (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 7.1.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 7.1.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 7.1.2008. (R. BASANT) Judge tm