IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2116 of 2008() ----------------------------- CRIME 105/08 OF KURATHIKADU POLICE STATION PETITIONERS : ACCUSED 1 TO 3 AND 5 ------------------------------------- 1. NAZAR, KAMARAVADAKKATHIL, KOMALLOOR P.O CHUNAKKARA VILLAGE. 2. LATHEEF, PALAVILAYIL PADEETTATHIL KOMALLOOR P.O., CHUNAKKARA VILLAGE. 3. KABEER, CHIRAYILAYYATHU KIZHAKKATHIL KOMALLOOR P.O., CHUNAKKARA VILLAGE. 4. SUBAIDA, KAMARAVADAKKATHIL KOMALLOOR P.O., CHUNAKKARA VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE KURATHIKADU POLICE STATION, KURATHIKADU. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, ALONG WITH BA NO. 2259 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.2116 and 2259 of 2008 ------------------------------------- Dated this the 7th day of April, 2008 ORDER These applications are filed by accused persons in a crime alleging offences punishable under Sections 308 and 324 I.P.C. Altogether there are 5 accused persons. The alleged incident took place on 24.03.08. Accused 1 to 3 and 5 have filed B.A.2116 of 2008 claiming anticipatory bail and accused 4 has filed B.A.2259 of 2008 for regular bail. Accused No.4 was arrested on 26.03.08. He continues in custody from that date. 2. There are two injured persons. The crux of the allegations is that on account of prior animosity, accused persons armed with iron rods, had allegedly beaten the injured persons and they had suffered injuries. Personal animosity is the alleged motive. Investigation is in progress. Accused 1 to 3 and 5 apprehend imminent arrest. 3. The learned counsel for accused 1 to 3 and 5 submits that they are absolutely innocent and that the allegations under Section 308 I.P.C has been included with the transparent intention of vexing and harassing the accused persons. No injuries worth the name have been suffered by the alleged victims and the inclusion of Section 308 I.P.C only reveals the clout which the B.A.Nos.2116 and 2259 of 2008 2 injured persons have with the police and the willingness of the police to vex and harass the petitioners at the instance of the injured. Anticipatory bail may, in these circumstances, be granted to accused 1 to 3 and 5, it is prayed. 4. The learned counsel for the 4th accused submits that the 4th accused has been unnecessarily arrested and detained. Even if the entire allegations were accepted, no worse offence than the one punishable under Section 320 I.P.C, which is a bailable offence, is revealed. In these circumstances, regular bail may be granted to the 4th accused. 5. The learned Public Prosecutor does not oppose these applications after discussions at the Bar. The learned Public Prosecutor has read over to me the nature of injuries which are described in the wound certificates issued by the medical officer after examining the 2 injured persons. No serious injury worth the name has been suffered by the victim. I am satisfied, in these circumstances, that these bail applications can be allowed and regular/anticipatory bail can be granted to the petitioners herein. 6. In the result: a) B.A.No.2259 of 2008 is allowed. The petitioner/the 4th accused shall be released on bail on the following terms and conditions. B.A.Nos.2116 and 2259 of 2008 3 i) The petitioner/4th accused shall execute a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and thereafter as and when directed by the Investigating Officer in writing to do so. b) In the result, Bail Application No.2116 of 2008 is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners/accused 1 to 3 and 5 shall appear before the learned Magistrate at 11 a.m on 15.04.2008. 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 3 p.m on 16.04.08 and 17.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the B.A.Nos.2116 and 2259 of 2008 4 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 p.m 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; 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 15.04.08 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) without any sureties undertaking to appear before the learned Magistrate on 15.04.08. (R.BASANT, JUDGE) rtr/-