IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1299 of 2008()
1. RAJEEV,S/O.NARAYANAN
... Petitioner
2. PRASAD,
3. SATHEESH,
4. RAMSEH,
5. MANIKANDAN,
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/03/2008
O R D E R
R.BASANT, J.
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B.A.No.1299 of 2008
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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