IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7736 of 2007()
1. SHIBU.O, S/O.RAGHAVAN NAIR, AGED
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/12/2007
O R D E R
R. BASANT, J.
````````````````````````````````````````````````````
B.A. No. 7736 OF 2007
````````````````````````````````````````````````````
Dated this the 14th day of December, 2007
O R D E R
Application for anticipatory bail. The petitioner
faces allegations for offences punishable, inter alia, under
Section 452 IPC. That is the only non-bailable offence
alleged. The petitioner is the 2nd accused. He is a friend of
the 1st accused. The 1st accused claims that he had married
the daughter of the de facto complainant. There is some
disputes in that matrimony. The allegation in this crime is that
the accused persons trespassed into the house of the de
facto complainant. Facts have been adverted to in detail in
the order dated 30.10.07 in B.A. No.6471/07. The 1st accused
was granted anticipatory bail by that order. The allegation
against the petitioner is only that he had accompanied the 1st
accused.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer
BA.7736/07
: 2 :
and I am satisfied that in the facts and circumstances of the
case that identical directions under Section 438 Cr.P.C. can
be issued in favour of the petitioner herein also. This order
must be read in continuation of the order dated 30.10.07 and I
am not, hence, adverting to the facts in any greater detail in
this order.
3. 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 21.12.2007. 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.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 22.12.2007 and thereafter as and when directed
BA.7736/07
: 3 :
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 arrest the petitioner and deal with him in accordance with
law, as if these directions were not issued at all.
(iv) If he were arrested prior to 21.12.2007, 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 21.12.2007.
(R.BASANT, JUDGE)
aks