IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 1914 of 2008() ----------------------------- CRIME NO.111/08 OF BEKAL POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2 ---------------------------------------------- 1. CHANDRAN, S/O.KARUVAN, KALLIOT HOUSE, PERIYA, HOSDURG TALUK. 2. JAYACHANDRAN, S/O.A.KANNAN, THACHANGADU HOUSE, PANAYAL VILLAGE, HOSDURG. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1914 of 2008 ------------------------------------------------- Dated this the 7th day of April, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 and 2. About an incident which took place on 18/2/08 at 7 a.m. between the rival contestants, two crimes have been registered – case and counter case. While in both the cases at the stage of F.I.R., allegation under Sec.324 of the IPC alone was raised subsequently, in both cases allegation under Sec.326 of the IPC has been included consequent to the ascertainment of the nature of injuries in both cases. The victims have suffered fractures. Investigation is in progress. The petitioners now apprehend imminent arrest in the present crime. 2. The learned counsel for the petitioners submits that the petitioners are really not the aggressors but are only B.A. No. 1914 of 2008 -: 2 :- victims of aggression. The alleged incident, according to the learned counsel for the petitioners, had taken place in the property of the petitioners suggesting that the rivals had trespassed into the property to carry out their intention to perpetrate aggression. The learned counsel for the petitioners points out that in the counter case even before detailed facts were ascertained the accused persons have already been released on bail before the allegation under Sec.326 of the IPC was incorporated. In these circumstances, the learned counsel for the petitioners prays that the petitioners may be granted anticipatory bail and they may not be subjected to endure trauma of arrest and detention. 3. The learned Public Prosecutor, after perusal of the records, confirms that in the counter case the accused were enlarged on bail even before Sec.326 of the IPC was included after ascertainment of the nature of the injury. The application for anticipatory bail is not, in these circumstances, opposed. The fracture suffered which makes the offence one under Sec.326 of the IPC is only the fracture of the index finger, submits the learned Public Prosecutor. 4. Having considered all the relevant circumstances, I am satisfied that a lenient view can be taken in the peculiar facts B.A. No. 1914 of 2008 -: 3 :- and circumstances of this case and directions under Sec.438 of the Cr.P.C. can be issued in favour of the petitioners to zealously ensure in the interests of a proper and efficient investigation. 5. In the result, this petition is allowed. Following 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 15/4/08. They shall be released on regular bail on their executing bonds for Rs.50,000/- 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 5 p.m. on 16/4/08 and 17/4/08. 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 the petitioners shall appear before the Investigating Officer 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 B.A. No. 1914 of 2008 -: 4 :- 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 on 15/4/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.50,000/- each without any sureties undertaking to appear before the learned Magistrate on 15/4/08 Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge