IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 298 of 2008() ---------------------------- CP.127/2007 of J.M.F.C.,TALIPARAMBA Cr.NO.315/07 OF TALIPARAMBA POLICE STATION .................... PETITIONERS : ACCUSED NO.3 TO 5 & 7 TO 10: --------------------------------------------- 1. SATTAR, S/O.MOHAMMED KUNHI, AGED 21 YEARS, BATHALY HOUSE, TALIPARAMBA, KANNUR DISTRICT . 2. RASHID, S/O.HASSAN, AGED 24 YEARS, MEETHALEPATH HOUSE, TALIPARAMBA, KANNUR DISTRICT. 3. MANAF, S/O.MOHAMMED KUNHI, AGED 20 YEARS N.O.HOUSE, TALIPARAMBA, KANNUR DISTRICT. 4. HARRIS, S/O.ABDUL RAHIMAN, AGED 21 YEARS NHATTUVAYAL, TALIPARAMBA, KANNUR DISTRICT. 5. SHAFI, S/O.ABDULLA, AGED 25 YEARS, N.O.HOUSE, TALIPARAMBA, KANNUR DISTRICT. 6. SUBAIR, S/O.MOHAMMEDKUTTY, AGED 22 YEARS MANNAN HOUSE, TALIPARAMBA, KANNUR DISTRICT. 7. ASHRAF, S/O.ABDULLA, AGED 26 YEARS, MALIKKAL HOUSE, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT: ------------------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.298 of 2008 ------------------------------------- Dated this the 18th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are accused 3, 4, 5 and 7 to 10 in a crime registered initially for offences punishable, inter alia, under Section 379 r/w 149 I.P.C. The alleged incident took place on 08.05.07. Petitioners are activists of one political organisation. The defacto complainant belongs to a political party, which is now wielding power in the State. The petitioners were arrested in the crime. They were enlarged on bail after a few days. Subsequently in the course of investigation, an allegation under Section 395 I.P.C has been brought in. Investigation is complete. Final report has already been filed. Since the offences alleged include the offence under Section 395 I.P.C triable exclusively by a Court of Session, committal proceedings has been registered. The petitioners have not appeared so far. Warrants of arrest issued by the learned Magistrate are chasing them. The petitioners apprehend that when they surrender and seek regular bail, their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. The learned B.A.No.298 of 2008 2 counsel for the petitioners, in these circumstances, prays that the petitioners may be granted anticipatory bail. 2. The learned Public Prosecutor does not oppose the said prayer. I am satisfied, in the facts and circumstances of the case that anticipatory bail can be granted to the petitioners. The petitioners are apprehending arrest in execution of the non bailable warrants issued by the court. I am satisfied that invoking the dictum in Bharat Chaudhary v. State of Bihar [A.I.R 2003 S.C 4662] anticipatory bail can be granted to the petitioners in the peculiar facts and circumstances of this case. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on or before 24.01.08. They shall be enlarged on regular bail on their executing bonds for Rs.50,000/- (Rupees Fifty thousand only) 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 as and when directed by the Investigating Officer in writing to do so; B.A.No.298 of 2008 3 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 24.01.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 24.01.08. (R.BASANT, JUDGE) rtr/-