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. 7960 of 2007(T) ------------------------------ CRIME NO.505/07 OF PAYYANNUR POLICE STATION PETITIONERS/ACCUSED 1-4, 6, 7, 9 & 10 ------------------------------------------------------ 1. T.K.RAFFI, S/O. ASSAINAR, AGED 32 YRS, THAYATHU KALLUMMAL, RAMANTHALI AMSOM, PALAKKODE P.O., KANNUR DISTRICT. 2. K.C.KHADER, S/O. ABDUL KAREEM, AGED 33, KUTTIYACHARE HOUSE, RAMANTHALI AMSOM, PALAKKODE P.O., KANNUR DISTRICT. 3. T.K.MUTHALIB @ KARIMBAN MUTHALIB, S/O. MOSSA, AGED 28 YEARS, THAYATHU KALLUMMAL, RAMANTHALI AMSOM, PALAKKODE P.O., KANNUR DIST. 4. T.P.ASHIQ, S/O. MOHAMMED KUNJU, AGED 20 YRS, THAYATHU PUTHIYAMBRATHU HOUSE, RAMANTHALI AMSOM, PALAKKODE P.O., KANNUR DIST. 5. O.K.NAZAR, S/O. ABDULLA, AGED 25 YEARS, OLAKKAL KADAKKAL, RAMANTHALI AMSOM, PALAKKODE PO., KANNUR DISTRICT. 6. SHABEER O.P., S/O. MUHAMOOD, AGED 22, OLAKKAL PUTHIYAPURATHIL, RAMANTHALI AMSOM, PALAKKODE P.O., KANNUR DISTRICT. 7. O.P.KHADER, S/O. ABDUL KAREEM, AGED 32 YEARS, OLAKKAL PUTHIYAPURATHIL, RAMANTHALI AMSOM, PALAKKODE P.O., KANNUR DISTRICT. 8. KHADER @ VAMBAN, S/O. HAMEED, AGED 22, MOOSANKETTIL HOUSE, RAMANTHALI AMSOM, PALAKKODE P.O., KANNUR DISTRICT. BY ADV. SRI.P.M.HABEEB -: 2 :- RESPONDENT: ----------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 7960 OF 2007 ------------------------------------------------- Dated this the 3rd day of January, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 4, 6, 7, 9 & 10 in a crime registered for offences punishable, inter alia, under Sec.308 read with Sec.149 of the IPC. Altogether, there are 11 accused persons named and 50 others. They were allegedly members of an unlawful assembly. In prosecution of their common object, they armed with sticks and iron rods allegedly attacked the victim who belongs to the CPM. The accused persons do allegedly belong to the IUML. The victims were attacked and stones were pelted at them. The alleged incident took place on 13/12/07. 2. The learned counsel for the petitioners submits that the de facto complainant belongs to the CPM and the petitioners do all belong to IUML. The de facto complainant's B.A. No. 7960 OF 2007 -: 2 :- political party is in power in Kerala and taking advantage of their clout with the police, fanciful allegations are now being raised. The inclusion of the allegation under Sec.308 of the IPC must eloquently convey the purpose and motivations behind the registration of the crime. Attempt is being made to ensure that the petitioners remain in custody for as long a period as possible by raising such untenable allegations, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The Case Diary has been placed before me for my perusal by the learned Public Prosecutor. I have perused the same. In particular, I requested the learned Public Prosecutor to read over to me the wound certificate of the injured person. Only very minor injuries are seen suffered by the victim. 4. At this early stage of the investigation, I shall not embark on any detailed discussions on the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioners subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 5. In the result, this petition is allowed. Following B.A. No. 7960 OF 2007 -: 3 :- directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 10/1/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 11/1/08 and 12/1/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer 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 the petitioners were arrested prior to their surrender B.A. No. 7960 OF 2007 -: 4 :- on 10/1/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 10/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge