IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1729 of 2008() ----------------------------- CRIME NO.145/08 OF THE CHAVARA POLICE STATION PETITIONERS-ACCUSED NOS.3 AND 4 ------------------------------------------------ 1. SHARATH LAL @ UNNI, AGED 19, S/O.SUGATHAN, PALAMOOTTIL, AYANIVELIKULANGARA VILLAGE, KARUNAGAPPALLY. 2. SHINTO, S/O.BHARATHAN, VALAVIL HOUSE, PUTHENTHURA P.O., NEENDAKARA, KOLLAM. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1729 of 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 3 and 4. Altogether, there are 5 named accused persons and 2 unnamed ones. The alleged incident took place on 5/3/08 at about 6.30 p.m. The 5 accused persons, including the petitioners, are named in the F.I.R. The crux of the allegations is that the accused persons, on account of prior animosity, trespassed into the house of the de facto complainant and indulged in the acts of violence and mischief. A crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. The real incident did not take place in the manner alleged by the de facto complainant. The grandparents of the B.A. No. 1729 of 2008 -: 2 :- 1st petitioner are the tenants of the de facto complainant. When there was an attempt to forcibly evict the grandparents of the 1st petitioner, there was resistance on the part of the grandparents and the petitioners. The petitioners were assaulted. The 1st petitioner has suffered a fracture. He was admitted in the hospital. The de facto complainant is influential. A close relative (brother-in-law of the de facto complainant) is a police official. At his influence the crime against the petitioners was promptly registered. Later the crime against the de facto complainant has been registered alleging the offence punishable under Sec.326 of the IPC. A fracture has been suffered. In both crimes, the alleged incident is said to have taken place at 6.30 p.m. Actually only one incident had taken place and false and vexatious allegations are being raised against the petitioners who are not the aggressors; but only the victims of aggression. In these circumstances, anticipatory bail may be granted to the petitioners, it is prayed. 3. After discussions at the Bar, the learned Public Prosecutor does not oppose the application; but only prays that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. 4. I am satisfied that the petitioners can be granted B.A. No. 1729 of 2008 -: 3 :- anticipatory bail. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 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 1.4.08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 3 p.m. on 2/4/08 and 3.4.08. 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. 1729 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 1.4.08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 1.4.08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge