IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5562 of 2007()
1. J.K.ANEESH, S/O.JOSEPH KALAYIL
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
2. STATE OF KERALA
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/09/2007
O R D E R
R.BASANT, J.
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B.A.No.5562 of 2007
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Dated this the 17th day of September 2007
O R D E R
Application for anticipatory bail. The petitioner is a doctor
who works in an Ayurvedic Hospital & Research Centre, Kozhikode.
The crux of the allegations against him is that he had committed
breach of the stipulations of the Foreigners Act in not having reported
the stay of one foreign national in his hospital. Crime has been
registered. Investigation is in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. The in-patients were foreign
nationals and the fact was reported to the authorities. There was a by-
stander who was not residing in the hospital and therefore bona fide
believing that his name need not be reported, his name was not
reported. There was no wilful intentional omission to report.
Inasmuch as such person was not residing at the hospital and
undergoing treatment, his name was not reported. Anticipatory bail
may, in these circumstances be granted to the petitioner, it is prayed.
3. The learned Public Prosecutor does not oppose the
application and I am satisfied that directions under Section 438
Cr.P.C can be issued in favour of the petitioner.
B.A.No.5562/07 2
4. In the result, this petition is allowed. Following directions
are issued under Section 438 Cr.P.C in favour of the petitioner.
i) Petitioner shall surrender before the learned Magistrate
having jurisdiction at 11 a.m on 24/09/2007.
ii) 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.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m and 12
noon on 25/09/2007 and thereafter as and when directed by the
investigating officer in writing to do so.
(iv) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these
directions were not issued at all.
(v) If he were arrested prior to 24/09/2007, 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 24/09/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.5562/07 3
B.A.No.5562/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007