IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3926 of 2007()
1. SUNIL.P., S/O.GOVINDHANKUTTY NAIR,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JOHNSON P.JOHN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/06/2007
O R D E R
R.BASANT, J.
----------------------
B.A.No.3926 of 2007
----------------------------------------
Dated this the 29th day of June 2007
O R D E R
Application for anticipatory bail. The defacto complainant is a
police constable, who was on duty in connection with the Pooram
festival of a temple. Four named persons allegedly had attacked the
defacto complainant. Crime was registered against four specified
persons inter alia under Section 353 I.P.C. which is the only non-
bailable offence alleged. The petitioner is not one of those four
named accused persons. In the course of investigation, the police
have deleted accused 3 and 4 and have filed a report incorporating
two others including the petitioner as accused. The petitioner
apprehends imminent arrest. The learned counsel for the petitioner
submits that the petitioner is absolutely innocent. False allegations
are being raised against the petitioner without any justification. In
these circumstances, at any rate, directions under Section 438 Cr.P.C
may be issued in favour of the petitioner, he prays.
2. The learned Public Prosecutor submits that the report to
array the petitioner as an accused has already been filed before the
learned Magistrate. Investigation is complete and the final report has
also been filed, it is further submitted. In the peculiar facts and
circumstances of this case and there is no serious objection from the
learned Public Prosecutor, the petitioner can be granted anticipatory
bail subject to appropriate terms and conditions.
B.A.No.3926/07 2
3. In the result, this petition is allowed. The petitioner shall
be released on bail on the following terms and conditions.
i) Petitioner shall surrender before the learned Magistrate
having jurisdiction at 11 a.m on 07/07/2007.
ii) He shall be released on regular bail on condition that he
execute 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.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m and 12
noon on 09/07/2007 and thereafter as and when directed by the
investigating officer in writing to do so.
(iv) 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 them in accordance with law, as if these
directions were not issued at all.
(v) If he was arrested prior to 07/07/2007, he shall be
released on bail 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 07/07/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.3926/07 3
B.A.No.3926/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007