IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1754 of 2008() ----------------------------- CRIME NO. 52/08 OF ARYANADU POLICE STATION PETITIONER : ACCUSED ------------------------ VIJAYAKUMAR.S., AGED 25 YEARS S/O.SUDHAKARAN, CHERUVILA VEEDU, PANNIKKALA MEENANKEL P.O., ARYANADU. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE ARYANADU POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1754 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused in a crime registered under Section 332 r/w. 34 I.P.C. Altogether there are four accused. The other three are not identified. The defacto complainant is the conductor in a KSRTC bus. On account of disputes between the passengers and the conductor, the conductor was allegedly assaulted by four passengers, including the petitioner, by beating him with hands. The bus was stopped. The miscreants went away. Only the petitioner is named in the F.I.R. Investigation is in progress. The victim was taken to the hospital. He has not suffered any injuries except of course pain. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Allegations are exaggerated. The petitioner is a frequent passenger in the bus. He is a disabled B.A.No. 1754 of 2008 2 person. He, on that day, was travelling in another bus. That bus had broken down. The passengers in that bus were accommodated in the bus of the defacto complainant. There was some disputes and differences of opinion between the passengers who got into the bus of the defacto complainant and the defacto complainant. There was wordy altercation. There was physical altercation also. Totally false and vexatious allegations of assault have been raised against the petitioner, who is a student. He is willing to co-operate with the investigators. He shall comply with all the terms. He does not deserve to endure the trauma of arrest and detention. He may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor does not oppose the application. Having considered all the relevant inputs, I am satisfied that appropriate directions can be issued under Section 438 Cr.P.C. in favour of the petitioner, subject to appropriate conditions. It is submitted that there is an inadequacy in the description of the name of the petitioner, who is Vinayakumar and not Vijayakumar as shown in the petition. The learned Prosecutor confirms that Vinayakumar/the B.A.No. 1754 of 2008 3 petitioner herein is the first accused. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 4. 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 1.4.2008 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 5 p.m. On 2.4.2008 and 3.4.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse B.A.No. 1754 of 2008 4 on 1.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 1.4.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 1.4.2008. (R. BASANT) Judge tm