IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2525 of 2008() --------------------------------------- CRIME NO.15/2008 OF PALLICKAL POLICE STATION. ..... PETITIONER/ 1ST ACCUSED: ----------------------------- KANNAN, S/O.GOPALAKRISHNAN UNNITHAN, KAROOR PUTHEN VEEDU, SOCIETY JUNCTION, PALLICKAL, THIRUVANANTHAPURAM DIST. BY ADV. SRI.M.R.RAJESH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2525 OF 2008 ```````````````````````````````````````````````````` Dated this the 29th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused. Altogether there are 8 named accused and 7 others. The crux of the allegations is that the accused persons, who were members of an unlawful assembly, had trespassed into the residential building of the de facto complainant and assaulted the wife of the de facto complainant. A person, who was driving a vehicle, was involved in a road traffic accident in which one person was killed. The driver of the vehicle allegedly sped to the house of the de facto complainant from the scene of the crime without stopping the vehicle. The infuriated local people proceeded to the house of the de facto complainant and had allegedly insisted on action against the accused/driver. For the purpose of vexation and harassment, false allegations have BA.2525/08 : 2 : been raised against the members of the local public, submits the learned counsel for the petitioner. The learned counsel for the petitioner points out that some of the co-accused have already been granted anticipatory bail by the Sessions court. The learned counsel for the petitioner further submits that no injury has been suffered by the alleged victim. The de facto complainant is an influential political leader. The offender/driver is a close associate of his. The police are acting hand in glove with the de facto complainant to vex and harass the members of the local people who had only given expression to their indignation by demanding action against the alleged offender/driver. 2. The learned Public Prosecutor opposes the application but notwithstanding the opposition by the learned Public Prosecutor, I am satisfied that the petitioner herein can also be granted anticipatory bail in the peculiar facts and circumstances of the case. The learned counsel for the petitioner submits that a totally false allegation of theft even BA.2525/08 : 3 : had been raised against the accused persons and the police have now deleted the said section of offence in the crime. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 6.5.2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 7.5.2008 and 8.5.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, he shall so appear on all Mondays and Fridays between 10 BA.2525/08 : 4 : 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. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 6.5.2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 6.5.2008. (R.BASANT, JUDGE) aks