IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2709 of 2008()
1. UNNIKRISHNAN, S/O.ACHUTHAN,PALLATHUKUDY
... Petitioner
2. THILAKAN, S/O.CHELLAPPAN, THOTTATHIL
Vs
1. THE SUB INSPECTOR OF POLICE, VELLOOR
... Respondent
2. STATE OF KERALA, REPRESENTED BY PUBLIC
For Petitioner :SRI.P.P.JACOB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/05/2008
O R D E R
R.BASANT, J
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B.A.No.2709 of 2008
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Dated this the 2nd day of May, 2008
ORDER
Application for anticipatory bail. Petitioners face allegations
in a crime registered alleging offences punishable, inter alia,
under Section 353 I.P.C. The petitioners had allegedly deterred
two police constables, who allegedly went to them in connection
with their official duty. The petitioners take the stand that they
did not know that the visitors were police officials. Objections
were raised against the alleged improper conduct of the said
persons, who it is now realised were police officials. The learned
Public Prosecutor submits that it is the case of the police officials
that identity cards were shown to the petitioners and there was
no possibility of any genuine or bona fide doubt about the identity
of the victims. The learned counsel for the petitioners submits
that in any view of the matter, the petitioners do not deserve to
endure the trauma of arrest and detention. The victims have not
suffered any injuries whatsoever. It was, even if it is accepted, a
bona fide indiscretion because the petitioners were unable to
know that the alleged victims were police officials. They may be
granted anticipatory bail, it is prayed.
2. The learned Public Prosecutor does not oppose the
said prayer and I am satisfied that anticipatory bail can be
B.A.No.2709 of 2008 2
granted to the petitioners subject of course to appropriate terms
and conditions.
3. In the result, the Bail Application is, allowed. The
following directions are issued under Section 438 Cr.P.C.
i) The petitioners shall appear before the learned
Magistrate at 11 a.m on 09.05.2008. They shall be enlarged on
regular bail on their executing 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
3 p.m on 10.05.2008 and 11.05.08 and thereafter on all Mondays
between 10 a.m and 3 p.m for a period of one month.
Subsequently the petitioners shall make themselves available for
interrogation before the Investigating Officer 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 those directions were not issued at all;
iv) If the petitioners were arrested prior to their surrender
on 09.05.08 as directed in clause (1) above, they shall be
released from custody on their executing bonds for Rs.25,000/-
(Rupees Twenty Five thousand only) each without any sureties
undertaking to appear before the learned Magistrate on 09.05.08.
(R.BASANT, JUDGE)
rtr/-
B.A.No.2709 of 2008 3