IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4250 of 2007()
1. MANI,S/O.SUTSWAMY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :13/07/2007
O R D E R
R.BASANT, J
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B.A.No.4250 of 2007
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Dated this the 13th day of July, 2007
ORDER
Application for anticipatory bail. The petitioner faces allegations
in a crime registered, inter alia, under Sec. 452 and 307 IPC. The crux
of the allegations is that at about 2 PM on 25.4.07, the petitioner along
with 20 others had trespassed into the house of the defacto
complainant and indulged in wanton acts of violence. The crime was
registered on the complaint referred to the Police, by the learned
Magistrate under Sec.156(3) Cr.P.C. The investigation is in progress.
The petitioner apprehends imminent arrest. The learned counsel for
the petitioner submits that the petitioner is absolutely innocent. The
petitioner was falsely implicated in this case due to mala fides, submits
the learned counsel for the petitioner.
2. The Public Prosecutor does not seriously oppose the
application for bail. He submits that the investigation is in progress
and the Investigators may be granted sufficient further time to
complete the investigation.
3. It is by now concluded that Section 307 is not at any rate
made out. I am satisfied that the petitioner can be granted anticipatory
B.A.No.4250 of 2007 2
bail, subject of course to appropriate and strict conditions which can be
imposed in the interests of a fair and efficient investigation.
5. In the result, this application is allowed. The following
directions were issued under Section 438 Cr.P.C.:-
i) The petitioner shall appear before the Learned Magistrate having
jurisdiction at 11 a.m on 20.07.2007. He shall be enlarged on regular
bail on his executing 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.
ii) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 3 p.m on
21.07.2007 and 22.07.07 and thereafter as and when directed by the
Investigating Officer.
iii) If the petitioner does not surrender before the learned
Magistrate as directed in clause (i), all 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.
iv) If the petitioner were arrested prior to their surrender on
B.A.No.4250 of 2007 3
20.07.07 to the learned Magistrate as directed in clause (i) above, he
shall be released forthwith on his executing a bond of Rs.25,000/-
(Rupees Twenty five thousand only) without any sureties undertaking
to appear before the learned Magistrate on 20.07.07 as directed in
clause(i) above.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE