IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 420 of 2008() ---------------------------- CRIME NO. 797/07 OF HOSDURG POLICE STATION PETITIONER/ACCUSED ----------------------------------- SIDDIQUE M.A.,S/O.M.P.MUHAMMED AGED 22 YEARS, NEAR POST OFFICE MANIKOTH, KANANGAD, KASARAGODE. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 420 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the 4th accused. The crime is registered for offences punishable, inter alia, under Sections 324 and 308 I.P.C. In the F.I.R. no accused person is specifically named. About 20 unnamed persons are shown as accused in the F.I.R. The F.I. statement was lodged by one of the four injured persons. Attack with wooden sticks and soda bottles is the allegations raised. Accused 1 to 3 were initially arrayed. They have been arrested and have already been enlarged on bail. The petitioner/A4 has been brought on the array of accused on the basis of the statements recorded of two of the injured persons and others. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He has been brought into the array of accused solely on account of political reasons. The incident is B.A.No. 420 of 2008 2 allegedly one between workers of IUML and CPM. The victims belong to CPM. Only because of political animosity, the petitioner has been brought on the array of accused. The learned counsel submits that the bias of the police is evident from the fact that an allegation under Section 308 I.P.C. has been included in this crime. In any view of the matter, the petitioner may be granted anticipatory bail, prays the learned counsel. 3. Notice is given to the learned Prosecutor. He submits that the anxiety of the police is only that the law and order situation in the locality should not be disturbed. Identical conditions as were imposed when accused 1 and 2 who were granted regular bail may be imposed on the petitioner, it is submitted. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate conditions, which shall allay the apprehensions aired by the learned Prosecutor. In the circumstances of the case, it is not necessary for me to advert to facts in any greater detail in this order. The relevant B.A.No. 420 of 2008 3 portions of the F.I. statement as also the wound certificate have been read over to me by the learned Prosecutor. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 6.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 7.2.2008 and 8.2.2008 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 420 of 2008 4 (c) During the said period, the petitioner shall not enter the jurisdiction of Hosdurg police station, except for the purpose of complying with condition (b) above. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 6.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 6.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 6.2.2008. (R. BASANT) Judge tm