IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1254 of 2008() ----------------------------- CRIME 40/08 OF TALIPARAMBA POLICE STATION PETITIONERS/ACCUSED NOS.1,2,4,5 & 6: ----------------------------------------------------- 1. IQBAL P., S/O. MAJEED, AGED 34 YEARS, CHAPPARAPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. MUHAMMED AJEER P.K., S/O. SULAIMAN, AGED 25 YEARS, CHEPPARAPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. ABDULLA C., S/O. MAMMU, AGED 27 YEARS, CHAPPARAPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. ISMAIL O.P., S/O. IBRAHIM, AGED 25 YEARS, CHAPPARAPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. USSAIN, S/O. K.P. IBRAHIM, AGED 27 YEARS, CHAPPARAPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENTS: COMPLAINANT: ------------------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT (CRIME NO.40/08 OF TALIPARAMBA POLICE STATION, KANNUR DIST.), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1254 OF 2008 F ```````````````````````````````````````````````````` Dated this the 29th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under section 308 IPC. Political animosity is the alleged motive. The incident was in continuation of the strain between CPI(M) and IUML activists in the locality. The petitioners belong to the IUML. The injured, allegedly, belongs to the CPI(M). The alleged incident took place on 14.1.08. I have already considered the facts while considering the application for regular bail of one of the accused by order dated 1.2.08 in BA.602/08. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They may be granted anticipatory bail, it is prayed. 2. The application is not opposed. The victim has not suffered any serious injury, it is pointed out. I am satisfied BA.1254/08 : 2 : that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 7.3.08. They shall be released on regular bail on condition that they execute bonds 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 3 p.m on 10.3.08 and 11.3.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, on all Mondays and Fridays between 10 a.m and 12 noon for BA.1254/08 : 3 : a period of two months. Subsequently, the petitioners shall so appear 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 these directions were not issued at all. (iv) If they were arrested prior to 7.3.08, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 7.3.08. (R.BASANT, JUDGE) aks