IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 7845 of 2007() ----------------------------- CRMP.4479/2007 of DISTRICT COURT, THODUPUZHA CRIME NO.277/07 OF SANTHANPARA POLICE STATION .................... PETITIONERS ---------------------------- 1. AJI, S/O.BABY THOMAS, PULLIYIL HOUSE, MULLARIKUDI P.O., KYLASAM. 2. BIJU, S/O.BABY THOMAS, PULLIYIL HOUSE, MULLARIKUDI P.O., KYLASAM. 3. ABILASH, S/O.JOY JOSEPH, THENAMACKAL HOUSE, MULLARIKUDI P.O. KYLASAM. BY ADV. SRI.P.T.JOSE RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY S.I. OF POLICE, SANTHANPARA POLICE STATION. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSEOCUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7845 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. They face allegations in a crime registered under Sections 308 and 408 I.P.C. The crux of the allegations is that the petitioners had trespassed into the shop of one Roy and indulged in acts of violence using dangerous weapon - handle of axe. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They are really the victims of aggression. The real incident did not take place as alleged by the prosecution. There is an incident outside the shop of the Roy, which lies within the jurisdiction of the neighbouring police station. There, the petitioners were attacked and they have suffered injuries. Investigation is complete. Final report has already been filed alleging offences under Sections 323 and 324 B.A.No. 7845 of 2007 2 I.P.C. As a counter blast, false allegations have been raised in the present crime. In any view of the matter, the petitioners who are really the victims of aggression, may not be compelled to endure the trauma of arrest and detention. The allegation under Section 308 I.P.C. has been included in the crime registered in the neighbouring police station solely to help the defacto complainant in this case, submits the learned counsel. 3. The learned Prosecutor does not oppose the application. The nature of the injuries suffered have been read over to me. 4. Having considered all the relevant inputs, I am satisfied that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 1.2.2008 at 11 a.m. The learned Magistrate shall release the B.A.No. 7845 of 2007 3 petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 2.2.08 and 3.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 1.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. B.A.No. 7845 of 2007 4 (d) If the petitioners were arrested prior to their surrender on 1.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 1.2.2008. (R. BASANT) Judge tm