IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3679 of 2007()
1. HASHIM, AGED 32 YEARS,
... Petitioner
2. BASHEER, AGED 30 YEARS,
3. MUHAMMED IQBAL, AGED 30 YEARS,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.T.MADHU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/06/2007
O R D E R
R.BASANT, J.
----------------------
B.A.No.3679 of 2007
----------------------------------------
Dated this the 19th day of June 2007
O R D E R
Application for anticipatory bail. The petitioners are
accused 1,3 and 4. Altogether there are four accused persons.
They face allegations inter alia under Sections 341,353 and 427
read with 34 I.P.C. The alleged incident took place on
10/6/2007. On receipt of a complaint from the local Panchayat
President, the local Sub Inspector of Police is alleged to have
gone to the scene of occurrence where he was allegedly
threatened, intimidated and deterred by the accused persons.
This, in short, is the allegation. Crime was registered promptly.
Investigation is in progress. The petitioners apprehend
imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioners are absolutely innocent. Influential Panchayat
President is able to prevail upon the S.I to raise unnecessary and
false allegations against the petitioners. The petitioners
apprehend danger to themselves if the police were to arrest
B.A.No.3679/07 2
them and keep them in custody. The offence under Section 353
I.P.C is the non-bailable offence. The same has been made non-
bailable recently in 2006. I have considered all the relevant
inputs. I am satisfied that in the peculiar facts and
circumstances of this case, the petitioners can be given
opportunity to surrender before the learned Magistrate and the
learned Magistrate can be directed to consider the application
for bail on merits and pass appropriate orders.
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C.
(i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 26/6/2007. They may
apply for bail on the same day after giving sufficient prior notice
to the learned Public Prosecutor in charge of the case.
(ii) The learned Magistrate shall consider the application
for bail on merits and pass appropriate orders on that day itself.
(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.
B.A.No.3679/07 3
(iv) If they were arrested prior to 26/6/2007, they shall be
released 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 26/6/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.3679/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007