IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 8046 of 2007() ----------------------------- CRIME 1308/07 OF MUVATTUPUZHA POLICE STATION PETITIONERS/1ST & 2ND ACCUSED: ----------------------------------- 1. SIDDIQUE, AGED 30 YEARS, S/O.PAREED, KAIMALAPUTHEN VEEDU, PEZHAKKAPPILLY, MULAVOOR VILLAGE. 2. PAREED, AGED 60 YEARS, S/O.MAIDEEN KAIMALAPUTHEN VEEDU, PEZHAKKAPPILLY, MULAVOOR VILLAGE. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8046 OF 2007 A ```````````````````````````````````````````````````` Dated this the 7th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 and 2. They are son and father respectively. The crux of the allegations is that they trespassed into the house of a neighbour and attacked her. She had suffered injuries. The FIR was registered on the basis of intimation given from the hospital. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The alleged motive is the insistence by A1 that the de facto complainant must yield to him and have sexual intercourse with him. On account of animosity arising from the refusal of the de facto complainant, this alleged incident had taken place. 3. The learned counsel for the petitioners submits that the real incident did not at all take place in the manner alleged by the de facto complainant. There was a property dispute BA.8046/07 : 2 : and an altercation. The petitioners were actually the victims of aggression. Different and false allegations have been advanced in the F.I. Statement. A son would not go to the house of a neighbour to compel her to yield to sexual intercourse with his father. In any view of the matter, the father is entitled to grant of anticipatory bail. The 1st petitioner son is also entitled to grant of anticipatory bail considering the totality of the circumstances including the improbability of the allegations. The weapon has already been recovered, submits the learned counsel for the petitioner. 4. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 5. 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 BA.8046/07 : 3 : Magistrate having jurisdiction at 11 a.m on 14.1.08. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty 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 15.1.08 and 16.1.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for proper investigation of the case. Thereafter, they shall appear before the investigating officer on all Mondays and Fridays between 10 a.m and 12 noon for 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 BA.8046/07 : 4 : 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 14.1.08, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 14.1.08. (R.BASANT, JUDGE) aks