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. 892 of 2008() ---------------------------- CRIME 37/08 OF VAZHAKKAD POLICE STATION PETITIONERS/ACCUSED NOS.1,2,3,5 & 8 ---------------------------------------- 1. JASEER, S/O.HUSSAIN KUTTY MASTER PEZHUNGATTIL HOUSE, CHEEKKODE, VAVOOR MALAPPURAM DISTRICT. 2. IQBAL, S/O.ABDULLA, MALAYIL HOUSE CHEEKKODE, VAVOOR, MALAPPURAM DISTRICT. 3. ASHARAF, S/O.ALI MUSLIAR KUNNATHODI HOUSE, CHEEKKODE, VAVOOR MALAPPURAM DISTRICT. 4. MUHAMMED SIDDIQUE @ SIDDIQUE S/O.MUHAMMED, KALATHIL HOUSE, CHEEKKODE VAVOOR, MALAPPURAM DISTRICT. 5. HUSSAINKUTTY MASTER, S/O.USMAN HAJI PEZHUNGATTIL HOUSE, CHEEKKODE, VAVOOR MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE VAZHAKKAD POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER 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. 892 OF 2008 F ```````````````````````````````````````````````````` Dated this the 21st day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1, 2, 11, 8 and 5 respectively in a crime registered alleging offences punishable, inter alia, under sections 308 and 324 read with 149 IPC. The incident in this case was a sequel to ongoing disputes between two sets of persons who belong to the Muslim community. They allegedly belong to the EK group(petitioners) and AP group(de facto complainant). There are three injured persons in this case. The alleged incident took place on 24.1.08. It is alleged that the accused persons, in furtherance of their common intention, had attacked the victims. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that BA.892/08 : 2 : the petitioners are absolutely innocent. There is absolutely no elements of the offence under section 308 IPC. The nature of the injury suffered as well as the very nature of the allegations must reveal that the inclusion of section 308 IPC is totally unjustifiable, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor has taken me through the nature of the injuries described in the three wound certificates issued after examining the injured persons. The learned Public Prosecutor submits that the State does not, in these circumstances, oppose the prayer for anticipatory bail. 4. I am satisfied, after considering all the relevant inputs, that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions to ensure the interests of a fair and efficient investigation. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. BA.892/08 : 3 : i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 28.2.08. They shall be released on regular bail on condition that they execute bonds 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 29.2.08 and 1.3.08 and thereafter, on all Mondays 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 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 28.2.08, they shall be BA.892/08 : 4 : released from custody on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 28.2.08. (R.BASANT, JUDGE) aks