IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1791 of 2008() ----------------------------- CRIME NO.135/2008 OF CHATHANNOOR POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. RAMESH.A. (A1), SANTHOSH BHAVAN, MAMPALLIKUNNAM CHERI, CHATHANNOOR P.O. 2. SANTHOSH.S. (A2), ELLUVILA VEED, MAMPALLIKUNNAM CHERI, CHATHANNOOR P.O. 3. RAJESH.R. (A3), REMYA BHAVAN, MAMPALLIKUNNAM CHERI, CHATHANNOOR P.O. BY ADV. SRI.S.M.ALTHAF RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1791 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable inter alia under Section 452 I.P.C. That is the only non-bailable offence alleged against the petitioners. The crux of the allegations is that the wives of the de facto complainant and the first accused were involved in a quarrel. As a sequel to that quarrel, the petitioners had allegedly trespassed into the house of the de facto complainant and indulged in contumacious culpable acts. The alleged incident took place on 16/2/2008. Investigation is in progress. The petitioners apprehend imminent arrest. 2. 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. I take note of the submission of the learned Public Prosecutor that no damage or injury has been caused to the alleged victims or the premises as a consequence of the incident. Appropriate conditions can of course be imposed. B.A.No.1791/08 2 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 31/03/2008. 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 01/04/2008 and 02/04/2008. 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 the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month. 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 B.A.No.1791/08 3 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 31/03/2008, 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 31/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1791/08 4 B.A.No.1791/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007