IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 879 of 2008() ---------------------------- CRIME NO.902/07 OF IRINJALAKUDA POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. K.A.RASHEED, S/O. ALIKUNJU, AGED 36 YRS, KARIPPARAMBIL HOUSE, EDAPPALLY, ERNAKULAM. 2. MUHAMMED REXY, S/O. ABDUL AZEEZ, AGED 34 YEARS, PANACHIKKAPPARAMBIL HOUSE, MUTTAM, THAIKKATTUKARA P.O., ALUVA. 3. NOWFAL P.A., S/O. MOIDEEN, AGED 26 YRS, PALLICKAL HOUSE, EDAPPALLY, ERNAKULAM. 4. AYOOB M.A., S/O. ABU, AGED 34 YEARS, MUPPADATHIL HOUSE, EDAPPALLY, ERNAKULAM. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: STATE & DEFACTO COMPLAINANT ---------------------------------------- 1. SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIBI BASHEER MATHER, AGED 23 YEARS, S/O. BASHEER MATHER, KAKKANADU PARAMBU, KUTTAMASSERY KARA, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.879 of 2008 ------------------------------------- Dated this the 20th day of February, 2008 ORDER Application for anticipatory bail. Petitioners face allegations in a crime registered for offences punishable, inter alia, under Section 365 r/w 149 I.P.C. Investigation is in progress. All the four petitioners apprehend imminent arrest. 2. The petitioners had come to this Court earlier seeking anticipatory bail and by order dated 12.12.07 in B.A.7445 of 2007, the said application was dismissed. At that stage it was reported that petitioners 3 and 4 are not required to be arrested. The learned Public Prosecutor now submits that petitioners 3 and 4 have not been arrayed as accused even now. The learned counsel for the petitioners submits that the petitioners are innocent. The defacto complainant has realised that there was no intention for the petitioners to commit any crime against the complainant. The matter has been settled between the parties. In these circumstances, the petitioners may not be compelled to endure the undeserved trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. The subsequent B.A.No.879 of 2008 2 harmonious settlement of the disputes between the parties may be reckoned as sufficient change of circumstance to consider the prayer for anticipatory bail afresh differently, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that it is now evident that the parties have settled their disputes. In these circumstances subject to appropriate conditions, the State has no objection against grant of anticipatory bail in favour of the petitioners. 4. In the facts and circumstances of the case, I am satisfied that a lenient view can be taken and the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 5. In the result, this bail application is allowed in part. a) The prayer for anticipatory bail of petitioners 3 and 4 is dismissed accepting the submission of the learned Public Prosecutor that the said petitioners are not required to be arrested in this crime; b) The following directions under Section 438 Cr.P.C are issued in favour of petitioners 1 and 2: B.A.No.879 of 2008 3 i) Petitioners 1 and 2 shall appear before the learned Magistrate at 11 a.m on 27.02.08. 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; ii) Petitioners 1 and 2 shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 28.02.08 and 29.02.08. During this period, the Investigating Officer shall be at liberty to interrogate petitioners 1 and 2 in custody and take all necessary steps the proper conduct of the investigation. Thereafter petitioners 1 and 2 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 1 and 2 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 petitioners 1 and 2 were arrested prior to their surrender on 27.02.08 as directed in clause (1) above, they shall B.A.No.879 of 2008 4 be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 27.02.08. (R.BASANT, JUDGE) rtr/-