Prasad R vs The State of Kerala

Justice M. Sasidharan Nambiar

Petitioner is the first accused in Crime No. 122 of 2012 of Kundara Police Station registered for the offences u/s 420 of IPC. Apprehending arrest, petition is filed u/s 438 of Code of Criminal Procedure for anticipatory bail. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard. Learned Public Prosecutor made available the case diary. The argument of Learned Counsel appearing for the petitioner is that petitioner instituted O.S.No. 15 of 2012 before Munsiff Court, Kollam against the defacto complainant and his wife and others seeking a decree for permanent prohibitory injunction restraining them from trespassing into the plaint schedule temple and encroaching any portion and evidenced by Annexure A2, an order of temporary injunction was passed on 6.1.2012 and thereafter a complaint was filed before the police, based on which crime was registered and the very case is improbable and unbelievable and in such circumstances, in the event of his arrest, petitioner be released on bail.

Learned Public Prosecutor opposed the petition and submitted that anticipatory bail may not be granted.

On perusing the case diary, I do not find that petitioner can be granted anticipatory bail as sought for. Learned Counsel appearing for the petitioner then submitted that petitioner may be permitted to surrender before the Investigating Officer for interrogation and thereafter be permitted to move an application for bail before the concerned Magistrate. Petitioner is permitted to surrender before the Investigating Officer for interrogation within ten days from today. After completing interrogation, petitioner shall be produced before the concerned Magistrate without delay. In that event, petitioner is entitled to move for bail. If such an application for bail is filed before the learned Magistrate, learned Magistrate to pass appropriate orders in accordance with law without delay. If petitioner fails to appear within ten days, Investigating Officer is free to arrest him. Petition is disposed.