IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Bail Appl..No. 1794 of 2008() ----------------------------- CRMP.200/2008 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.703/07 OF PANDALAM POLICE STATION .................... : PETITIONERS ---------------------------- 1. GUTTATHUDDU @ DIPIN MANOHAR, S/O T.N.MANOHARAN, VALIYA THEKKETHIL HOUSE, MUTTATHUKONAM, CHENNEERKKARA, PATHANAMTHITTA. 2. ANOOP ANIL KUMAR, S/O ANIL KUMAR, ADARSH BHAVAN,(ALUMMOOTTIL HOUSE), MUTTATHUKONAM, CHENNERKKARA, PATHANAMTHITTA. BY ADV. SRI.V.K.SUNIL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (THROUGH THE S.I. OF POLICE, PANDALAM POLICE STATION) BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1794 of 2008 ------------------------------------- Dated this the 27th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are now arrayed as accused 6 and 8 in a crime registered alleging offences punishable, inter alia, under Sections 326 and 307 r/w 149 I.P.C. The petitioners are young students, aged 19 and 20 years. Altogether there are 10 accused persons. 5 accused persons are named in the F.I.R. 5 unnamed accused persons also had allegedly participated in the crime. On account of prior animosity, the accused persons formed themselves into an unlawful assembly and trespassed into the house of the defacto complainant at about 11.15 p.m on 25.11.07 and unleashed an attack on the defacto complainant. 2 persons had suffered injuries. The injuries include a fracture. Investigation is in progress. The petitioners have been brought on the array of accused subsequently. Accused 2, 3 and 5 were arrested. They had already been granted regular bail. In the course of interrogation of those accused persons, the identity of the petitioners as 2 of the remaining 5 accused was ascertained. B.A.No.1794 of 2008 2 Accordingly they have been brought on the array of accused. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the incident did not at all take place in the manner now alleged. The petitioners were not along with other miscreants when they went to the house of the defacto complainant. An earlier incident had taken place. The petitioners had intervened to separate the defacto complainant and the 7th accused. The 7th accused is a person having criminal antecedents. The 7th accused had organised his friends and cohorts and had gone on a mission to attack the house of the defacto complainant. The petitioners did not accompany them at all. The petitioners are willing to reveal all the facts to the police. The petitioners have been unnecessarily brought on the array of accused on the basis of the statements of some of the co-accused who have no love lost at all to the petitioners. The Investigating Officer may be directed to conduct a fair, proper and effective investigation. The petitioners are willing to divulge the vital details to the Investigating Officer. At any rate, the petitioners may not be subjected to the undeserved trauma of arrest and detention. B.A.No.1794 of 2008 3 3. The learned Public Prosecutor fairly submits that the petitioners have not so far been identified by any others. The police now rely on the statements of the co-accused to justify the allegations against the petitioners. In these circumstances, the learned Public Prosecutor submits that anticipatory bail can be granted to the petitioners subject to their obligation to appear before the Investigating Officer and make all the relevant details available to the Investigating Officer. 4. Having considered all the relevant inputs, I am satisfied that the petitioners, young persons, aged 19 and 20 years and who have not been identified by any of the witnesses as persons present inside the house of the defacto complainant at the time of occurrence, can be granted anticipatory bail subject to appropriate terms and conditions. 5. 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 03.04.08. 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; B.A.No.1794 of 2008 4 ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 04.04.08 and 05.04.08 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months. Subsequently the petitioners shall 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 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 03.04.08 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) each without any sureties undertaking to appear before the learned Magistrate on 03.04.08. (R.BASANT, JUDGE) rtr/-