IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1103 of 2008() ----------------------------- CRMP.342/2008 of DISTRICT COURT, PALAKKAD CRIME NO.352/07 OF KOZHINJAMPARA POLICE STATION, PALAKKAD .................... : PETITIONERS/ACCUSED NOS. 1 TO 8 ------------------------------------------------ 1. JAYARAJ ALIAS CHINNARAJ, AGED 32 YEARS, S/O.ARULAPPAN, KOLLAMKOTTARA VEEDU, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. 2. ROBERT, AGED 25 YEARS, S/O.JOSEPH, KONGUNATTAR VEEDU, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. 3. SANDHYAVU, AGED 21 YEARS, S/O.MICKLE SWAMY, KUNNUKATTAR VEEDU, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. 4. KUTTY ALIAS LAZAR, AGED 33 YEARS, S/O.YAGAPPAN, ALIYAKATTAR VEEDU, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. 5. ARULAPPAN, AGED 30 YEARS, S/O.KULANTHA SWAMY, KUNNAKATTAR VEEDU, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. 6. DASAN, AGED 29 YEARS, S/O.NARAYANAN, KUNCHUMENON CHALLA, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. 7. BALAN, AGED 20 YEARS, S/O.SWAMINATHAN, MANGALUTTAR VEEDU, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. 8. GEORGE, AGED 49 YEARS, S/O.MICKEL SWAMY, ERUMAKKARANNUR, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW Bail Appl..No. 1103 of 2008 - 2 - RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1103 of 2008 ------------------------------------- Dated this the 26th day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 to 8 in a crime alleging offences punishable, inter alia, under Sections 427 and 324 I.P.C. Subsequently in the course of investigation, the offence under Section 326 I.P.C has also been included. 2. The crux of the allegations against the accused persons is that on 25.12.07, at about 11.30 p.m, accused persons trespassed into the compound of a hospital and indulged in wanton acts of mischief and violence. The crime was registered on 26.12.07. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The petitioners are all local inhabitants. They have a panchayat Well, which all of them depend upon for their source of water. The hospital authorities clandestinely and without taking any requisite safeguards were attempting to construct a bore well within their property. B.A.No.1103 of 2008 2 Apprehending depletion of the water table and inability for the local inhabitants to get water in their Well, there was objection against the digging of another Well in the locality. Clandestinely and stealthily attempt was allegedly made in the night of 25.12.07 to dig the bore well. The local people assembled there to raise objections. They were victims of aggression and not the aggressors. False allegations have been raised against the petitioners. The incident which took place was the making of the defacto complainant and his men and the petitioners were in no way responsible for the incident that took place on that day. In any view of the matter in the facts and circumstances of this case, the petitioners may be granted anticipatory bail, it is prayed. The learned counsel for the petitioners points out that it is evident that a group of persons had gone there and raised objections against the digging of the Well as can be seen from the attempt to inflate the number of persons earlier and bringing down steadily to the present level of 20 accused persons. 4. The learned Public Prosecutor does not oppose the application and I am satisfied in the facts and circumstances referred above that this is a fit case where anticipatory bail can be granted to the petitioners subject to appropriate terms and B.A.No.1103 of 2008 3 conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 04.03.08. 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 4 p.m on 05.03.08 and 06.03.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months and subsequently 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 B.A.No.1103 of 2008 4 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; iv) If the petitioners were arrested prior to their surrender on 04.03.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 04.03.08. (R.BASANT, JUDGE) rtr/-