IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5397 of 2007()
1. ABBAS ONANDA,S/O.ABDULLA HAJI,
... Petitioner
2. SHRIKANTH,S/O.KUNHAMBU,
3. M.K.K.THANGAL,
4. TIMBER ABDULLA,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/09/2007
O R D E R
R.BASANT, J
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B.A.No.5397 of 2007
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Dated this the 7th day of September, 2007
ORDER
Application for anticipatory bail. The petitioners are accused 1 to
4 in a crime registered, inter alia, under Secs.353 and 384 IPC read
with 34 IPC. The crux of the allegations alleged against the petitioners
is that while the meeting of the Grama Panchayat was in progress,
they, who are also members of the said Grama Panchayat came to the
venue of the meeting and disrupted the meeting. Harsh and obscene
words have been raised. Minutes books, office records etc. were
snatched away from the hands of the Special Grade Secretary of the
said Grama Panchayat. They allegedly behaved in an irrational
manner.
2. The learned counsel for the petitioners submits that
allegations are totally false. What really happened was only some
disagreement and dispute about the conduct of the meeting. The
complainants have now be compelled to raise totally false and
vexatious allegations. In any view of the matter, allegations raised
under Sec.384 cannot lie and allegations raised under Sec.353 are not
justified at all. Appropriate directions may be issued to save the
petitioners from the undeserved trauma of arrest and detention, prays
the learned counsel for the petitioners.
B.A.No.5397 of 2007 2
3. Notice was given to the learned Public Prosecutor. The
application is not opposed by the learned Public Prosecutor and I am
satisfied that anticipatory bail can the granted to the petitioners,
subject to appropriate conditions.
4. In the result, this petition is allowed. The following directions
are issued under Sec.438 Cr.P.C, in favour of the petitioners:
i) Petitioners shall surrender before the learned Magistrate
having jurisdiction on 14/9/2007.
ii) 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.
iii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m and 3
p.m on 15/09/2007 and 16/09/2007 and thereafter on all Mondays
and Fridays between 10 a.m and 12 noon for a period of three months.
Subsequently the petitioners shall so appear as and when directed by
the investigating officer in writing to do so.
(iv) 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
B.A.No.5397 of 2007 3
petitioners and deal with them in accordance with law, as if these
directions were not issued at all.
(v) If they were arrested prior to 14/09/2007, they shall be
released on bail 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 14/09/2007.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE