IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1477 of 2008()
1. RAFI, AGED 43, S/O. INIKKAL RAPPAI
... Petitioner
Vs
1. STATE OF KERALA REP. BY
... Respondent
2. STATION HOUSE OFFICER,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1477 OF 2008
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Dated this the 10th day of March, 2008
O R D E R
Application for anticipatory bail. Petitioner faces
allegations in a crime registered alleging offences punishable,
inter alia, under section 3 of the PDPP Act. All other offences
are bailable. Earlier also in another crime allegations under
section 353 IPC have been raised against the petitioner,
submits the learned Public Prosecutor. The learned counsel
for the petitioner submits that such allegations are being
raised against the petitioner with malafide and oblique
motives without any bona fide whatsoever.
2. The precise allegation in this case is that the
petitioner had trespassed into the Panchayat office and
caused damage to one plastic chair in the Panchayat office.
There is an ongoing dispute between the Panchayat and the
petitioner regarding the conduct of a meat stall – renewal of
BA.1477/08
: 2 :
licence, run by the petitioner. Because of such disputes
which had obliged the petitioner to come to this Court with
Annexure-II WPC.26454/07, false and vexatious allegations
are being raised against the petitioner, submits the learned
counsel for the petitioner.
3. The learned Public Prosecutor refutes the
allegation but concedes that the State does not want to
oppose the application for anticipatory bail subject to
appropriate conditions which shall ensure the interests of a
proper and efficient investigation. Anticipatory bail can be
granted to the petitioners, it is conceded.
4. I am satisfied that the petitioner can be granted
anticipatory bail subject to appropriate conditions. In the
absence of the opposition by the learned Public Prosecutor, I
am not adverting to the facts in any greater detail in this order.
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
the petitioner.
BA.1477/08
: 3 :
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 17.3.2008. He
shall be released on regular bail on condition that he executes
a bond for Rs.25,000/-(Rupees twenty five 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 18.3.2008 and 19.3.2008. 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
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
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: 4 :
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 17.3.2008, he shall be
released from custody on his executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate
on 17.3.2008.
(R.BASANT, JUDGE)
aks