IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 932 of 2008() ---------------------------- CRIME NO.103/08 OF KASARGOD POLICE STATION PETITIONERS/ACCUSED: ------------------------------------ 1. P. MUHAMMED KUNHI @ MOHAMMED BELLIPADY, S/O. ABDULKADER, RESIDING AT BELLIPADY, KOTOOR POST, MULIYAR VILLAGE, KASARGOD DISTRICT. 2. AHAMMED SADIK, S/O. ABDULKADER, RESIDING AT BELLIPADY, KOTOOR POST, MULIYAR VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: RESPONDENT & STATE: -------------------------------- STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, ADHUR POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 932 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. They are brothers. It is alleged that altogether there were eight accused persons. The defacto complainant and the first accused were partners in some business earlier. They fell out. There is strain in the relationship between them. They are involved in previous criminal litigations also. 2. The allegation in the present crime is that the petitioners, along with some hirelings, proceeded in two cars behind the car in which the defacto complainant was travelling. They allegedly tried to stop the car. The defacto complainant alleges that the intention of the miscreants was to do away with him. The second accused was allegedly proceeding in an Alto car. He had brought hired mercenaries in a Scorpio car which also proceeded along with the Alto car. No injuries were inflicted on the defacto complainant. The allegation is that an attempt was made to hit the car, in which he was proceeding with B.A.No. 932 of 2008 2 the other cars. The victim has not suffered any injuries. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that the petitioners are innocent. Allegations are totally false. Because of prior crimes registered against the defacto complainant, as a retaliation, such false allegations are now being raised. The theory of an attempt to commit murder is totally uninspiring. If causing the death of victim were the motive, the miscreants, even accepting the entire allegations, are unlikely to behave in the manner alleged by the prosecution. In any view of the matter, the petitioners do not deserve to suffer the trauma of arrest and incarceration. They shall co-operate with the investigators. Subject to appropriate conditions, anticipatory bail may be granted to the petitioners, it is prayed. 4. The learned Prosecutor opposes the application. He submits that the other seven persons, who were present along with the second accused in the cars will have to be ascertained and identified. At the moment the investigator has no clue about those who were present in the cars. A thorough interrogation of accused 1 and 2 can help the police to identify such miscreants, submits the learned Prosecutor. B.A.No. 932 of 2008 3 5. The case diary has been placed before me. I have perused the same. I take note of the incongruent allegation as to whether the first accused was present or not at the relevant time. Having considered all the relevant inputs, I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioners, subject of course to appropriate terms and conditions. 6. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 28.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 B.A.No. 932 of 2008 4 p.m. on 29.2.2008, 1.3.2008 and 3.3.3008 and thereafter between 10 and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 28.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 28.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.1,00,000/- each without any surety undertaking to appear before the learned Magistrate on 28.2.2008. (R. BASANT) Judge tm