High Court Kerala High Court

Jose Antony vs Circle Inspector Of Police on 20 June, 2007

Kerala High Court
Jose Antony vs Circle Inspector Of Police on 20 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3731 of 2007()


1. JOSE ANTONY, AGED 33 YEARS, S/O. ANTONY,
                      ...  Petitioner

                        Vs



1. CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.PRADEESH CHACKO

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :20/06/2007

 O R D E R






                              R. BASANT, J.

               -------------------------------------------------

                       B.A.NO.   3731 OF  2007

               -------------------------------------------------

               Dated this the 20th  day of June, 2007



                                  ORDER

Application for anticipatory bail. A crime was registered,

inter alia, under Secs.307 and 120-B of the IPC. Accused 1 to

5, who allegedly proceeded in a vehicle, had allegedly

committed the offences. In the course of investigation, six

more accused have been arrayed. The petitioner is not one of

them. The petitioner’s vehicle was allegedly used by the

miscreants. The petitioner received a notice under Sec.160 of

the Cr.P.C. to appear before the Investigating Officer. On

that particular day, the petitioner had some difficulties and he

could not appear. The Investigating Officer is not accepting

the explanation of the petitioner and is threatening him that he

shall be arrayed as an accused. In these circumstances, the

petitioner has come before this Court with a prayer that

directions under Sec.438 of the Cr.P.C. may be issued.

B.A.NO. 3731 OF 2007 -: 2 :-

2. Notice was given to the learned Public Prosecutor. The

learned Public Prosecutor submits that, at the moment, the

petitioner is not arrayed as an accused at all; but the petitioner

will have to be interrogated. His vehicle was used by the

miscreants. The nexus/linkage, if any, of the petitioner with the

offence will have to be ascertained. The possibility of his being

arrayed as an accused cannot be ruled out, though, at the

moment, there is no such proposal. It all depends on what turns

upon the interrogation of the petitioner. The petitioner may not

be permitted to arm himself with an order of anticipatory bail

when he appears for examination in response to the notice under

Sec.160 of the Cr.P.C.

3. The learned counsel for the petitioner submits that the

Circle Inspector of Police/the Investigating Officer has arrayed

many persons against whom the de facto complainant has no

grievance at all. It is an arbitrary, unbridled and colourable

exercise of the powers under the Code for the investigation given

to an Investigating Officer. In these circumstances,

appropriate directions may be issued, it is prayed.

4. I am not persuaded to agree that directions under

B.A.NO. 3731 OF 2007 -: 3 :-

Sec.438 of the Cr.P.C. can or ought to be issued in the facts and

circumstances of this case. But I am satisfied that appropriate

other directions can be issued in the interests of justice.

5. This petition is, in these circumstances, allowed in part.

It is directed that the petitioner shall appear before the 1st

respondent at 10 a.m. on 27/6/07. He shall be questioned by the

Investigating Officer. In case a decision is taken to arrest him

after arraying him as an accused, after such questioning, the

petitioner shall be produced before the learned Magistrate on

that day itself. Needless to say, the petitioner shall be at liberty

to apply for bail before the learned Magistrate and the learned

Magistrate will have to consider such application expeditiously.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge

B.A.NO. 3731 OF 2007 -: 4 :-

In the result, this petition is allowed. Following directions

are issued under Sec.438 of the Cr.P.C:

(i) The petitioner shall appear before the learned

Magistrate having jurisdiction at 11 a.m. on 26/6/07. He shall be

released on regular bail on his executing a bond for Rs.25,000/-

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 4 p.m. on 27/6/07 and 28/6/07 and thereafter on all Mondays

between 10 a.m. and 12 noon for a period of three months.

Thereafter, he shall so make himself available for interrogation

before the Investigating Officer 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 shall

thereafter stand revoked and the police shall be at liberty to

B.A.NO. 3731 OF 2007 -: 5 :-

arrest the petitioner and deal with him in accordance with law as

if those directions were not issued at all;

(iv) If the petitioner were arrested prior to his surrender

on 26/6/07 as directed in clause (i) above, he shall be released on

his executing a bond for Rs.25,000/- without any sureties

undertaking to appear before the learned Magistrate on 26/6/07.