IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 30352 of 2008(L) ----------------------------------------- PETITIONER(S): ------------------------ N.K. BABU, S/O.NANUKUTTAN, RAJIBHAVANAM, CHANDANATHOPPU, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ----------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KUNDARA. 4. LALU, S/O.SADANANDAN, NANDANAM VEEDU,III WARD, CHANDANATHOPPU, KOLLAM (POLICE CONSTABLE IN AR CAMP, KASARAGOD) GOVERNMENT PLEADER SRI. GIKKU JACOB FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT, J. ---------------------- W.P.C.No.30352 of 2008 ---------------------------------------- Dated this the 29th day of October 2008 J U D G M E N T The petitioner is the first accused and he faces allegations in a crime registered under Section 308 I.P.C. His wife is arrayed as an accused along with him. Crime has been registered. Investigation is in progress. 2. The petitioner is an employee of the K.S.R.T.C and the rival contestant, the fourth respondent, is a neighbour of the petitioner. There are disputes between the fourth respondent and the petitioner. According to the petitioner, it is a purely civil dispute between the neighbours. The fourth respondent is a police constable. It is the case of the petitioner that succumbing to the influence wielded by the fourth respondent, he being a police constable, exaggerated allegation under Section 308 I.P.C is levelled against the petitioner and his wife. The petitioner has suffered more serious injuries including loss of tooth and only an allegation under Section 326 I.P.C is raised in the counter case. The inclusion of the allegation under Section 308 I.P.C is made with the sole intention of vexing and harassing the petitioner and W.P.C.No.30352/08 2 his wife. The said inclusion of Section 308 I.P.C is not justified. The same is included only for the purpose of vexing and harassing the petitioner. In these circumstances, the inclusion of Section 308 I.P.C in the F.I.R may at least be set aside so that the petitioner can seek regular bail before the learned Magistrate. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that there is no intention to vex and harass the petitioner. In fact, the petitioner can surrender before the learned Magistrate and the State shall not raise any objection against grant of bail even though allegations are raised under Section 308 I.P.C. Instead of surrendering before the investigating officer or the learned Magistrate and instead of seeking regular bail, the petitioner has unnecessarily come to this court with this writ petition, submits the learned Public Prosecutor. 4. I take note of the fair submission of the learned Public Prosecutor that if the petitioner and his wife surrender before the investigating officer or the learned Magistrate and seek regular bail, the State shall have no objection against grant W.P.C.No.30352/08 3 of regular bail subject to appropriate conditions. In the light of that submission, I am of the opinion that the petitioner and his wife need only surrender before the investigating officer or the learned Magistrate and seek regular bail. The learned Magistrate shall consider the application for regular bail assuming that the State has no objection against grant of regular bail subject to appropriate terms and conditions. 5. In the result, this writ petition is dismissed; but after taking specific note of the submission of the learned Public Prosecutor and accepting the same that if the petitioner and his wife surrender before the investigating officer or the learned Magistrate and then seek regular bail, the State has no objection in bail being granted to them subject to appropriate conditions. (R.BASANT, JUDGE) jsr W.P.C.No.30352/08 4 W.P.C.No.30352/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007