IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2244 of 2008() ----------------------------- CRIME NO.104/08 OF CHADAYAMANGALAM POLICE STATION : PETITIONERS/ACCUSED 1 TO 4 ------------------------------------------- 1. SUDHEESH BABU, PAYATTUVILA VEEDU, ELAMPAZHANOOR, KADAKKAL, KOTTARAKKARA. 2. JAYAKUMAR, USHA MANDIRAM, KURIYODE, CHADAYAMANGALAM, KOTTARAKKARA. 3. S.S.SHANMUGHA SHINE, SREEPADMANABHA VILASAM, AUGUSTIACODE, ANCHAL, PATHANAPURAM. 4. G.SADEESAN PILLAI, GOVINDA VILASAM, ACKONAM, CHADAYAMANGALAM, KOTTARAKKARA. BY ADV. SRI.SAJU.S.A RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2244 of 2008 ------------------------------------- Dated this the 10th day of April, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 to 4. They are employees in a K.S.R.T.C bus depot. The crux of the allegations is that a group of persons had come to the K.S.R.T.C bus station alleging that a K.S.R.T.C bus was involved in an accident. There was an incident which followed at the K.S.R.T.C bus depot. Allegations and counter allegations are being raised by the rival contestants as to what actually transpired in that incident. In this crime it is alleged that the petitioners who are employees of the K.S.R.T.C had attacked the others resulting in injuries, including fracture of a toe. In the counter case, it is alleged that local persons had attacked the K.S.R.T.C employees and had thereby committed the offence punishable, inter alia, under Section 332 I.P.C. Investigation into both crimes are pending. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are not the aggressors and are really the victims of aggression. At any rate, it cannot be assumed that there was any intentional assault on the victim. The fracture of the toe allegedly B.A.No.2244 of 2008 2 suffered by the victim cannot be said to be one intentionally inflicted with any dangerous weapon by anyone of the accused. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail and I am satisfied, in the facts and circumstances of this case, to which I have already made brief reference, that the petitioners can be granted anticipatory bail. 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 17.04.2008. They shall be enlarged on regular bail on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) 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 18.04.08 and 19.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays B.A.No.2244 of 2008 3 and Fridays for a period of one month and subsequently 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 17.04.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 17.04.08. (R.BASANT, JUDGE) rtr/-