IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 8096 of 2007() ----------------------------- CRIME NUMBER NOT KNOWN PETITIONER/ACCUSED: ------------------------------------ AJAYAKUMAR, S/O. KUNJUKUNJU, AGED 17 YEARS, VALIYATHURUTHIL,MUNDAKATHARA HOUSE, PARAVOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, PARAVOOR POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8096 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in Crime 533 of 2007 Paravoor police station in Kollam Dist. He is arrayed as 7th accused. Altogether there are seven accused persons. The crime was registered for offences punishable, inter alia, under Sections 326 and 307 I.P.C. The petitioner is not named in the F.I.R. He is shown to be a person born on 20.5.1991 as per the extract of the admission register issued to him from his educational institution. 2. The crux of the allegations against the petitioner is that he was a member of an unlawful assembly of persons, who, in prosecution of their common object, attacked a police officer and caused injuries on him, including a fracture. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He is a juvenile having not B.A.No. 8096 of 2007 2 attained the age of 18 years. He is willing to co-operate with the Investigators. He shall abide by such conditions as may be imposed by this Court. He may be directed to be released on bail in the event of his arrest. 4. The learned counsel further submits that the real incident did not take place in the manner alleged by the prosecution at all. The so-called police officer had come to the scene of occurrence totally unconnected with his employment and the local people had mistaken him as a person who had visited their colony for immoral purposes. 5. In the light of the materials produced to show that the petitioner is below the age of 18 years and consequently entitled to the benefits under the Juvenile Justice (Care and Protection of Children) Act, the learned Prosecutor does not oppose the application. He only submits that appropriate conditions may be imposed. I am satisfied, in the facts and circumstances referred above, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner, subject to appropriate terms and conditions. B.A.No. 8096 of 2007 3 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 7.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 8.1.2008 and 9.1.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 7.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. B.A.No. 8096 of 2007 4 (d) If the petitioner were arrested prior to his surrender on 7.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 7.1.2008. (R. BASANT) Judge tm