IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4052 of 2007()
1. SIJESH, S/O. ANANDAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :05/07/2007
O R D E R
R.BASANT, J.
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B.A.No.4052 of 2007
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Dated this the 5th day of July 2007
O R D E R
Application for anticipatory bail. The petitioner
apprehends arrest in crime No.367/2007 of Mathilakam police
station registered inter alia under Sections 332 and 308 read
with 149 I.P.C. According to the petitioner, he is innocent. He is
not, in any way, connected with the crime. The police have been
arresting some persons. The petitioner apprehends that he may
also be arrested without any bona fides. The learned Public
Prosecutor on instructions submits that at the moment and with
the available inputs, the police have no intention to arrest the
petitioner. There is no clue so far that the petitioner is involved
in the commission of the crime. The investigation is in progress.
The possibility of such arrest later cannot be ruled out, submits
the learned Public Prosecutor.
2. Some of the accused have already been arrested and
the prosecution has received sufficient time by now to conduct
the investigation. The petitioner’s apprehension appears to me
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to be real. The non-specific stand taken by the police can only
further aggravate his apprehension. I am, in these
circumstances, satisfied that subject to appropriate conditions.
Anticipatory bail can be granted to the petitioner.
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C.
i) If the petitioner is, on a later date, found to be
necessary for arrest and the police arrests the petitioner, he
shall be released from custody on condition that he executes a
bond for Rs.25,000/- (Rupees twenty five thousand only) without
any sureties undertaking to appear before the learned
Magistrate and seek regular bail within a further period of one
month.
ii) Within the said period of one month after his arrest
and release, the petitioner can appear before the learned
Magistrate and seek regular bail. The learned Magistrate on the
basis of the materials which are placed before him then, can
consider the application for regular bail and pass appropriate
orders.
Iii) If the petitioner does not appear before the learned
Magistrate within one month as directed in clause (i), the police
B.A.No.4052/07 3
shall thereafter be at liberty to arrest the petitioner again and
deal with him in accordance with law as if the same were a fresh
arrest.
(R.BASANT, JUDGE)
jsr
B.A.No.4052/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007