IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1467 of 2008() ----------------------------- CRIME NO.53/08 OF AMBALAVAYAL POLICE STATION PETITIONERS ------------------------ 1. MADHUSOODANAN, S/O.GOVINDAN, AGED 26 YEARS, NELLARA HOUSE, NELLARACHAL P.O. AMBALAVAYAL, WAYANAD DISTRICT. 2. RAVI, S/O.KUNJAN, AGED 28 YEARS, NELLARA HOUSE, NELLARACHAL P.O. AMBALAVAYAL, WAYANAD DISTRICT. 3. JAYACHANDRAN, S/O.BALAN, AGED 32 YEARS, NELLARA HOUSE, NELLARACHAL P.O. AMBALAVAYAL, WAYANAD DISTRICT. 4. VIJAYAN, S/O.AMMU, AGED 30 YEARS, NELLARA HOUSE, NELLARACHAL P.O. AMBALAVAYAL, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH RESPONDENTS: COMPLAINANT ------------------------ STATE, STATION HOUSE OFFICER, AMBALAVAYAL POLICE STATION, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRIL JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1467 of 2008 ------------------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 4. They face allegations in a crime registered for offences punishable, inter alia, under Sec.308 of the IPC. That is the only non-bailable offence alleged. The petitioners allegedly belong to the R.S.S. The alleged victims are the C.P.I.(M) workers. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Because of the political animosity and rivalry, false allegations are being raised against the petitioners. Because of the political clout which the de facto complainant has with the police, the petitioners are being unnecessarily vexed and harassed. The petitioners are prepared to surrender before the learned Magistrate. Appropriate directions under Sec.438 of the B.A. No. 1467 of 2008 -: 2 :- Cr.P.C. may be issued, it is prayed. 2. The learned Public Prosecutor explains that no serious injury has been suffered by the victims. In these circumstances, the State has no objection against the grant of anticipatory bail to the petitioners subject, of course, to appropriate conditions which shall secure the interests of a fair, efficient and expeditious investigation, submits the learned Public Prosecutor. 3. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioners subject to appropriate conditions. 4. 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 25/3/08. 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 5 p.m. on 26/3/08 and 27/3/08. 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 B.A. No. 1467 of 2008 -: 3 :- 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 two months. 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 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 25/3/08 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 25/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1467 of 2008 -: 4 :-