IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 7387 of 2007() ----------------------------- CRIME NO. 791/07 OF PATHANAMTHITTA POLICE STATION PETITIONER --------------------------- ANIL KUMAR, AGED 28 YEARS, S/O.ACHUTHAN NAIR, PAMPUNETHU HOUSE, MATHOOR P.O., CHENNEERKANA VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PATHANAMTHITTA POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, ALONG WITH BA NO. 7562 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7387 & 7562 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2008 O R D E R These applications are for anticipatory bail. The petitioners are accused Nos. 2 and 6 to 9 in a crime registered for offences punishable, inter alia, under Section 308 I.P.C. All other offences alleged are bailable, it is submitted. 2. The crux of the allegations against the accused persons is that they were members of an unlawful assembly of persons, who in prosecution of their common object, allegedly went to a colony where the defacto complainant resides. They allegedly, on account of prior animosity, indulged in wanton acts of mischief and violence. Accused 6 to 9 are named in the F.I.R. Second accused was not named in the F.I.R. He is admittedly the owner of the vehicle, in which the miscreants had allegedly proceeded to the scene of the crime. 3. The learned counsel for the petitioners submit that the second accused was not available at the scene of the crime at all. B.A.No. 7387 & 7562 of 2007 2 Merely because the car which he rents out was used by the alleged miscreants to reach the scene of the crime, he has been arrayed as an accused subsequently. So far as the others are concerned, it is contended that the inclusion of the allegation under Section 308 I.P.C. is without any merit or substance. There is nothing to indicate that any offence graver than the one punishable under Section 324 I.P.C. has been committed by the miscreants, who ever they be. The inclusion of Section 308 I.P.C. in the F.I.R. is with the calculated design to vex and harass the petitioners and to deny them bail as long a period as possible. 4. The learned Prosecutor opposes the application. Only one person, the defacto complainant, has suffered injuries. The wound certificate is available in the case diary. He has not suffered any serious injuries. The allegation is that if the defacto complainant had remained at the scene of the crime for a longer period without fleeing from the scene, he may have been further attacked and serious injuries may have been caused to him. 5. Having considered all the relevant inputs I find merit in the prayer of the petitioners for anticipatory bail. I shall not embark on B.A.No. 7387 & 7562 of 2007 3 any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that subject to appropriate conditions directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. 5. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 10.1.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 11.1.08 and 12.1.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they B.A.No. 7387 & 7562 of 2007 4 shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 10.1.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 10.1.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 10.1.2008. (R. BASANT) Judge tm