IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2756 of 2008() ----------------------------- CRIME NO.2/08 OF EDAKKAD POLICE STATION .................... PETITIONER/1ST ACCUSED. ---------------------------------------- MANSOOR HASSAN P.K., S/O. HASSAN, AGED 20 YEARS, HASEEBAS, CHIMMINIYAN VALAVU, THOTTADA, KIZHUNNA P.O., EDAKKAD, KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2756 of 2008 ------------------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for anticipatory bail. The petitioner is the 1st accused. Altogether, there are 6 accused persons. They face allegations in a crime registered alleging offences punishable, inter alia, under Sec.308 of the IPC. The alleged incident took place on 3/1/08. The crux of the allegations is that the de facto complainant and his friends were unnecessarily remaining in a bus shelter. The accused persons raised objections to such continuance. They allegedly attacked the victims with knife and sticks. It is alleged that the offence under Sec.308 of the IPC has been committed by the accused persons. 2. The learned counsel for the petitioner submits that the allegations are totally incorrect and false. The allegations do not stand to reason at all. Even though there is an allegation B.A. No. 2756 of 2008 -: 2 :- of use of knife and stick, the victims had admittedly not suffered any injuries. In these circumstances, the petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail subject, of course, 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 petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 9/5/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 10/5/08 and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law as B.A. No. 2756 of 2008 -: 3 :- if these directions were not issued at all. (iv) If the petitioner were arrested prior to his surrender on 9/5/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 9/5/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge