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. 1017 of 2008() ----------------------------- CRIME NO.10/08 OF POZHIYOOR POLICE STATION .................... : PETITIONERS ---------------------------- 1. SILUS, S/O. SUNDARAN, UDAYAM, NALLOORVATTAM, ARUVALLOOR, KULATHOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. SUNDARAN, AGED 70 YEARS, S/O. MUTHUSWAMY, UDAYAM, NALLOORVATTAM, ARUVALLOOR, KULATHOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 3. VIJAYA, S/O. SUNDARAN, SOORYODAYAM, NALLOORVATTAM, ARUVALLOOR, KULATHOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.V.R.GOPU RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION, THROUGH THE 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.1017 of 2008 ------------------------------------- Dated this the 21st day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 to 3. They face allegations in a crime registered, inter alia, under Sections 308, 447 and 324 I.P.C. The offence punishable under Section 308 I.P.C is the only non bailable offence. The alleged incident took place on 18.01.08. Allegations and counter allegations have been traded by the rival contestants about the very same incident on 18.01.08. Both had suffered injuries. Crimes in both the cases are registered for offences punishable including an offence under Section 308 I.P.C. The parties are neighbours. Evidently there is possession dispute also. 2. The learned counsel for the petitioners submits that the petitioners are not the aggressors, but are the victims of aggression. At any rate, allegation of offence under Section 308 I.P.C is not justified going by the nature of the incident as also the nature of the alleged injuries suffered. 3. The learned Public Prosecutor does not oppose the prayer for anticipatory bail and I am satisfied that anticipatory B.A.No.1017 of 2008 2 bail can be granted to the petitioners subject of course to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. 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 28.02.08. They shall be enlarged on regular bail on their executing a bond 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 4 p.m on 29.02.08 and 01.03.08. 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; B.A.No.1017 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 28.02.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each without any sureties undertaking to appear before the learned Magistrate on 28.02.08. (R.BASANT, JUDGE) rtr/-