IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 51 of 2008()
1. PHILIP ANTONY @ BABY,
... Petitioner
2. ANTONY @ SABU, S/O.ANTONY,
Vs
1. THE STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/01/2008
O R D E R
R.BASANT, J.
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B.A.No.51 of 2008
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Dated this the 14th day of January 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 and 2. Altogether there are two accused persons.
The alleged incident took place on 28/12/2007. According to the
de facto complainant, there was an incident between the
petitioners on the one hand and the autorickshaw driver on the
other. Hearing the commotion, the de facto complainant and his
relatives had gone to the road in front and had tried to patch up
the differences between the petitioners and the autorickshaw
driver. Dissatisfied with the intervention of the de facto
complainant and his relatives in that dispute, later the
petitioners are alleged to have trespassed into the house of the
de facto complainant. They are alleged to have outraged the
modesty of the sister of the de facto complainant. No injuries
have been suffered by any one of the victims. The crucial
allegation is of indecent assault against the sister of the de facto
complainant and of trespass into the house of the de facto
complainant. Crime has been registered. Investigation is in
progress. The petitioners apprehend imminent arrest.
B.A.No.51/08 2
2. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. The allegations are
raised vexatiously and without any basis. In fact, the de facto
complainant had assaulted the petitioner in the incident which
took place in front of his house on the road. The petitioners had
suffered injuries. To cover up that, false and vexatious
allegations of a subsequent event have been made with vexatious
intent. The petitioners may, at any rate, be granted anticipatory
bail, it is prayed.
3. The learned Public Prosecutor does not oppose the
application, after verifying the records and satisfying himself
that the petitioners had suffered some injuries in the incident
which took place, though such injuries are not serious or
grievous. The de facto complainant and the alleged victim in this
case have not also suffered any grievous injuries. The learned
Public Prosecutor in these circumstances, submits that subject to
appropriate conditions, anticipatory bail can be granted to the
petitioners. In the absence of opposition by the learned Public
Prosecutor, it is not necessary for me to advert to facts in greater
detail in this order.
B.A.No.51/08 3
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 21/01/2008. 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.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 5 p.m on 22/01/2008 and 23/01/2008. During this period,
the investigating officer shall be at liberty to interrogate the
petitioners in custody and take all necessary steps for the proper
conduct of the investigation in this crime. Thereafter the
petitioners shall so appear on all Mondays and Fridays between
10 a.m and 12 noon for a period of one month. Subsequently the
petitioners shall so appear as and when directed by the
investigating officer in writing to do so.
B.A.No.51/08 4
(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.
(iv) If they were arrested prior to 21/01/2008, 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
21/01/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.51/08 5
B.A.No.51/08 6
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007