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. 1769 of 2008() ----------------------------- CRIME NO.125/08 OF THE NADAPURAM POLICE STATION PETITIONERS : ----------------- 1. NISSAR NAYARKANDI,S/O.KUNHABDULLA, AGED 26 YEARS, KUNINGAD AMSOM DESOM, VADAKARA TALUK. 2. VAILIYANDI ALI, S/O.MOIDU HAJI, AGED 20 YEARS,KUNINGAD AMSOM DESOM, VADAKARA TALUK. 3. NAYARKANDI THAZHEKUNI MOOSA, S/O.AMMAD,AGED 30 YEARS, KUNINGAD AMSOM DESOM,VADAKARA TALUK. 4. KAPPANAVEETTIL THAZHEKUNI ASHRAF, S/O.ABDULLA, AGED 20 YEARS, KUNINGAD AMSOM DESOM,VADAKARA TALUK. 5. MEETHALE KAPPANAVEETTIL ISMAYIL, S/O.ABDULLA, AGED 24 YEARS, KUNINGAD AMSOM DESOM,VADAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- STATE OF KERALA THOURGH THE SUB INSPECTOR OF POLICE,NADAPURAM POLICE STATION, 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. 1769 of 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 5. Five named and 20 others not named are alleged to be the accused. The crime has been registered alleging offences punishable, inter alia, under Sec.308 read with Sec.149 of the IPC. Sec.308 of the IPC is the only non- bailable offence alleged. There are 4 injured persons. The alleged incident took place on 6/3/08. Sticks and iron rods were allegedly used for the commission of the offences. The de facto complainant is a person owing allegiance to the CPI (M). The petitioners belong to the IUML. The victims have not suffered any serious injury admittedly. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that B.A. No. 1769 of 2008 -: 2 :- the petitioners are absolutely innocent. They are not the aggressors. False and vexatious allegations are raised against the petitioners by the de facto complainant taking advantage of his political clout. Attempt is now made to vex and harass the petitioners. Going by the nature of the injuries suffered, the emptiness and hollowness of the allegations under Sec.308 of the IPC can be gauged. Inclusion of Sec.308 of the IPC reveals the bias of the police in favour of the de facto complainant who belongs to the party in power at the moment. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 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. 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 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. B.A. No. 1769 of 2008 -: 3 :- (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. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays 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 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