IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3748 of 2008() ----------------------------- CRIME NO.135/08 OF KADAKKAVVOOR POLICE STATION PETITIONERS/ACCUSED NOS. 3 & 4 ----------------------------------------------- 1. SHIJU.M, S/O. A.M. BASHEER, AGED 32, SHIBU MANZIL, PERUMKULAM.P.O, PERUMKULAM. 2. ABDUL VAHAB, AGED 72, S/O. MOHAMMED HANEEFA LABBA, CHARUVILA PUTHEN VEEDU, MISSION COLONY, PERUMKULAM.P.O, PERUMKULAM. BY ADV. SRI.P.M.HABEEB RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, KADAKKAVOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3748 of 2008 ----------------------------------------- Dated this the 20th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. On the basis of the First Information Statement given by the defacto complainant, a crime is registered under Sections 324 and 308 of Indian Penal Code. Later the crime was altered and offence under Section 307 and 34 IPC included. 3. Petitioners are accused 3 and 4 in the crime. Learned counsel for petitioners submitted that a reading of the First Information Statement will show that only one person was involved in the offences and he was named in the First Information Statement. There is no allegation that any other person was involved. Therefore, crime was registered against that person under Sections 324 and 308 of Indian Penal Code. Subsequently, due to the influence of the defacto complainant's parents, who are CMI(M) Local Secretary and the District Panchayat Member respectively, five other persons were brought into the array of accused. There was absolutely no whisper in the First Information Statement regarding the involvement of any other person than one Sakkir in the First Information Statement. BA.3748/08 2 4. Learned counsel for petitioners also submitted that there is a dispute between the defacto complainant and the accused in connection with a Mosque. Petitioners resisted the defacto complainant from continuing as office bearer of the Mosque. Out of this enmity, the petitioners are deliberately brought into array of accused. Though the crime is registered for the offences under Sections 308 and 324 IPC, it was deliberately altered under Sections 307 and 34 IPC also. It is also submitted that the injury is not very serious and the defacto complainant was discharged from the hospital within two hours and he went to the police station to lodge the complaint. 5. This petition is strongly opposed. Learned Public Prosecutor submitted that though the defacto complainant was discharged from the hospital, he was later admitted in a private hospital. It is also submitted that conspiracy is involved in this case and the petitioners are the actually offenders. 6. On hearing both sides, I am satisfied that it is only a fit and proper case to grant anticipatory bail to the petitioners. Hence, the following order is passed: The petitioners shall surrender before the Magistrate Court within seven days from today and on surrender, if bail application is BA.3748/08 3 moved, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate, on condition that they shall co- operate with the investigation. This petition is allowed. K.HEMA, JUDGE vgs.