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T.PONNU, AGED 49, S/O.RAMAN v. THE STATE OF KERALA, REPRESENTED BY - Bail Appl No. 3739 of 2007  RD-KL 10938 (21 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 3739 of 2007()
1. T.PONNU, AGED 49, S/O.RAMAN,
2. MATHEW, AGED 38, S/O.JOSEPH,
3. SUNNY A.E., AGED 32, S/O.A.J.EAPPEN,
4. BASHEER V.H., AGED 36,
5. JAYAPRAKASH, S/O.GOPALAKRISHNAN NAIR,
6. SHIBU ALIAS KRISHNADAS, AGED 32,
7. MUHAMMEDALI, AGED 30, S/O.HAMSA,
8. VINOD, AGED 24, S/O.P.C.MANI,
9. SHIJU, AGED 27, S/O.VASU, ANIYIL HOUSE,
10. DEEPU, AGED 21, S/O.BABU, PUTTAN HOUSE,
11. UNNI, AGED 33, S/O.SHANKARAN,
12. YAKOOB, AGED 35, S/O.SADIQUE,
13. SHIBU DEV, S/O.RAMADEVAN,
14. SALEEM, S/O. AGED 40, ALIAKBAR,
15. RAMACHANDRAN, AGED 39, S/O.BALAN NAIR,
16. RAMDAS, AGED 29, S/O.GOVINDAN,
17. VELUKUTTAN ALIAS SUBASH, S/O.MANI
18. SUPRAN ALIAS SUBRAMANIAN, AGED 33
19. SHIVAN, AGED 28, S/O.RAMASWAMY,
20. NARI ALIAS SHAJU, S/O.CHARLIE,
21. BABU, AGED 32, S/O.CHANDU, KAVUMGAL
1. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.RAJESH NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JB.A.No.3739 of 2007
Dated this the 21st day of June, 2007
ORDERApplication for anticipatory bail. Petitioners are accused 1 to 21, who are the only accused surviving in a crime registered, inter alia, under Section 353 I.P.C and Sections 3 and 5 of the P.D.P.P Act.
2. The alleged incident took place on 26.11.2006. A compound wall in the forest officers residence complex put up by the Forest Department was allegedly pulled down by a crowd of persons including the petitioners. This in short is the allegation. Investigation is pending. Petitioners apprehend imminent arrest.
3. The learned counsel for the petitioners submits that there was no incidence of culpability at all and the petitioners who are local residents were only raising objections against the highhanded action of the forest officials in putting up the wall obstructing a public pathway, which has been there for a long period of time. That very legal and democratic opposition to the attempt to interfere with their right of way is now conveniently glorified and culpability is alleged for such conduct. In these circumstances, it is prayed that directions under Section 438 Cr.P.C may be issued in favour of the petitioners.
4. The learned Public Prosecutor only submits that if this Court were inclined to grant anticipatory bail, the same may be B.A.No.3739 of 2007 2 subject to appropriate conditions, which shall ensure the interests of a fair, efficient and expeditious investigation.
5. I am satisfied that this is a fit case where such
extraordinary equitable discretion
under Section 438 Cr.P.C can be
invoked in favour of the petitioners. This application is, accordingly
allowed. The following directions are issued under Section 438
i) The petitioners shall appear before the learned Magistrate at 11 a.m on 28.06.2007. They shall be enlarged on regular bail on their executing a bond 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 1 p.m on 29.06.2007 and thereafter as and when directed by the Investigating Officer in writing to do so; 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 those directions were not issued at all; B.A.No.3739 of 2007 3 iv) If the petitioners were arrested prior to their surrender on 25.06.07 as directed in clause (1) above, they shall be released on bail 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 25.06.07.
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