IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4120 of 2007()
1. KABEENA, CHAITHANYA,
... Petitioner
2. RANEEZA, CHAITHANYA,
3. SAFIYA BEEVI, W/O ABDULSALAM,
4. ABDULSALAM, SAFIYA MANZIL,
5. T.I.UNNIRAJA, ADVOCATE,
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.R.ANILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :16/07/2007
O R D E R
R.BASANT, J.
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B.A.No.4120 of 2007
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Dated this the 16th day of July 2007
O R D E R
Application for anticipatory bail. Petitioners are accused 1
to 5. Altogether there are nine accused persons. There are civil
disputes between accused 1 to 4 and the de facto complainant.
Civil suits are pending. The fifth accused is an advocate who
appears on behalf of accused 1 to 4. Two police constables are
also included in the array of the accused. Crime has been
registered inter alia under Section 379 I.P.C on the basis of a
private complaint filed before the learned Magistrate and
referred by the learned Magistrate to the police. Investigation is
in progress. The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
the allegations are totally unjustified. The criminal complaint is
only an off shoot of a civil dispute and consequential litigation
between the parties. False and exaggerated allegations are
raised in the private complaint only with the intention of vexing
and harassing the petitioners. Appropriate directions may be
B.A.No.4120/07 2
issued under Section 438 Cr.P.C, submits the learned counsel for
the petitioner.
3. The learned Public Prosecutor does not seriously
oppose the said prayer. The learned Public Prosecutor submits
that, subject to appropriate conditions, directions can be issued
under Section 438 Cr.P.C.
4. I am satisfied in the facts and circumstances of this
case that appropriate directions under Section 438 Cr.P.C can be
issued in favour of the petitioner. In the nature of the facts and
circumstances to which I have referred to briefly, I am satisfied
that it is not necessary to embark on a detailed narration of the
allegations and considerations of the acceptability of such
allegations.
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioner.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 23/7/2007.
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.
B.A.No.4120/07 3
iii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 1 p.m on 24/07/2007 during which period, the police shall be
entitled to question the petitioners in custody. Thereafter, 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 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 23/7/2007, they shall be
released from custody 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
23/7/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.4120/07 4
B.A.No.4120/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007