IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1770 of 2008() ----------------------------- CRIME NO.113/2008 OF RANNI POLICE STATION : PETITIONER/1ST ACCUSED --------------------------------------- ANILKUMAR, S/O.SOMANTHA KURUP, AGED 22 YEARS, MUNDAKKATTU VEETTIL, VARAVOOR. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE S.I. OF POLICE, RANNI POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1770 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Sections 324 and 308 I.P.C. The alleged incident took place on 5/3/2008. The alleged motive is the grievance of the accused that the de facto complainant does not afford due respect to the petitioner. Sword stick is the weapon allegedly used. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegations are totally false and exaggerated. Sword stick is the weapon allegedly used. There is no corresponding injury. The gravest of the injuries suffered is the 2 cm long lacerated wound in addition to some abrasions. In any view of the matter, there is no justification for the inclusion of the allegation under Section 308 I.P.C. Vexatious inclusion of the allegation under Section 308 I.P.C is with the calculated purpose of harassing the petitioner. The petitioner may be granted anticipatory bail, it is prayed. B.A.No.1770/08 2 3. The learned Public Prosecutor does not oppose the application and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 31/03/2008. He shall be released 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. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 01/04/2008 and 02/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. B.A.No.1770/08 3 (iii) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 31/03/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 31/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1770/08 4 B.A.No.1770/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007