IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 972 of 2008() ---------------------------- CRIME NO.41/08 OF KADAKKAL POLICES STATION PETITIONERS : ACCUSED NOS. 1,2 AND 4 --------------------------------------- 1. BEENA, D/O.AMBILI, PANAYIL VEEDU MULANKATTUKUZHI, CHALAKKAL WARD, KADAKKAL VILLAGE. 2. AMBILI, W/O.VASUDEVAN, PANAYIL VEEDU MULANKATTUKUZHI, CHALAKKAL WARD, KADAKKAL VILLAGE. 3. KUNJUMON, PANAYIL VEEDU MULANKATTUKUZHI, CHALAKKAL WARD, KADAKKAL VILLAGE. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION REPRESENTED THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 972 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under section 326 /w. 149 I.P.C. The petitioners are named in the F.I.R. 2. An incident took place on 18.1.2008. That incident appears to have commenced in the premises of the residential building of the petitioners. The defacto complainant had allegedly gone there and some incident had taken place. The victim lady was crying. The other accused persons reached the scene of the other incident, which took place on 18.1.2008. There are allegations and counter allegations raised. Crime Nos. 41 and 42 of 2008 have been registered. 3. The learned counsel for the petitioners submits that the petitioners are innocent. The third petitioner has already been deleted from the array of accused. Even going by the versions in the case diary, the element of right of private defence is B.A.No. 972 of 2008 2 declared eloquently. The learned counsel, in these circumstances, submits that the petitioners 1 and 2, who are women, and who are really victims of aggression, may be granted anticipatory bail. 4. The learned Prosecutor, after discussions at the Bar, does not oppose the application for anticipatory bail. He has made available to me the case diary in all the three cases. 5. Having considered all the relevant inputs, I am satisfied that this is a fit case where discretion under Section 438 Cr.P.C. can be issued in favour of petitioners 1 and 2. 6. In the result: (1) These applications are allowed in part. (2) The petition in so far as it relates to the third petitioner is dismissed accepting the submissions of the learned Prosecutor that he has already been dropped from the array of accused. (3) The following directions are issued under Section 438 Cr.P.C. in favour of petitioners 1 and 2. (a) The petitioners 1 ands 2 shall surrender before the learned Magistrate on 7.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute B.A.No. 972 of 2008 3 bonds 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. (b) They shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 10.3.08 and 11.3.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 7.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 7.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 7.3.2008. (R. BASANT) Judge tm B.A.No. 972 of 2008 4