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. 637 of 2008() ---------------------------- CR. NO.791/07 OF GURUVAYOOR POLICE STATION PETITIONERS : ACCUSED; ------------------------- 1. SURESH M.S., AGED 28 YEARS, S/O.RAJAN, MADAKKAVIL HOUSE, NENMINI, GURUVAYOOR, THRISSUR 680 104. 2. RAJESH.P., AGED 29 YEARS, S/O.RAJAPPAN, PALLIYATH HOUSE, THIRUVENKITAM, GURUVAYOOR, THRISSUR DT. 3. RAMESH.A., AGED 28 YEARS, S/O.AYYAPPAN, "KRISHNA KRIPA", MANGOTTU PARAMBATH, GURUVAYOOR, THRISSUR DT. 4. RAJESH, AGED 27 YEARS, S/O.RAJAGOPALAN, KOLAD HOUSE, KARAKKAD, GURUVAYOOR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. 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. 637 OF 2008 ------------------------------------------------- Dated this the 21st day of February, 2008 ORDER Application for anticipatory bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under Sec.452 read with Sec.149 of the IPC. The de facto complainant alleged that a group of miscreants had trespassed into his shop room and had assaulted him when he refused to pay the donation as demanded by them. The alleged incident took place on 28/12/07. Investigation is in progress. The petitioners apprehend imminent arrest. 2. When the matter came up for hearing, the learned counsel for the petitioners reported that the matter has been settled amicably between the parties. Thereafter, there was some dispute as to whether the de facto complainant had, as a matter of fact, settled the dispute or not. B.A. No. 637 OF 2008 -: 2 :- 3. The learned Public Prosecutor today, after taking specific instructions, submits that the matter has been settled between the parties. The Investigating Officer is also present in court. It is confirmed that the matter is settled. 4. The learned counsel for the petitioners prays, the learned Public Prosecutor, in these circumstances, does not oppose the prayer for anticipatory bail and I am satisfied that a lenient view can be taken in view of the subsequent settlement of the dispute and directions can be issued under Sec.438 of the Cr.P.C. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 28/2/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 1 p.m. on 29/2/08 and 1/3/08. Thereafter the petitioners shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. B.A. No. 637 OF 2008 -: 3 :- (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 the petitioners were arrested prior to their surrender on 28/2/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 28/2/08. (R. BASANT, JUDGE) Nan/