IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 617 of 2008() ---------------------------- CRIME NO.546/07 OF NEYYATTINKARA POLICE STATION .................... : PETITIONERS/ACCUSED PERSONS 1 AND 2 --------------------------------------------------- 1. SANTHOSH @ MAMMOOTTI, S/O.DAMODARAN, KAVUVILA VEETTIL, MANALUVILA, ATHIYANNOOR DESOM, DO. VILLAGE. 2. SAJIKUMAR @ SWAMY, S/O.VIVEKANANDAN, DO. DO. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: COMPLAINANT STATE AND INVESTIGATING OFFICER -------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KATTAKKADA POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.617 of 2008 ------------------------------------- Dated this the 5th day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 and 2. Altogether there are only 2 accused persons. They face allegations in a crime for offences punishable, inter alia, under Sections 308 and 323 I.P.C. The crux of the allegations against the petitioners is that they, on account of prior animosity, allegedly attacked the victim with dangerous weapons, including a Kambipara. Bleeding injury was suffered on the nose. Other injuries were also suffered. While the victim was proceeding in an autorickshaw, the petitioners, allegedly went on a motorcycle, obstructed the autorickshaw, pulled the victim out of the autorickshaw and allegedly indulged in the overt act. The alleged incident took place on 12.10.07. The victim was seen by the doctor later on the same day. The crime was registered on 13.10.07. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Allegations are raised B.A.No.617 of 2008 2 vexatiously. Inclusion of the allegation under Section 308 I.P.C clearly declares the mala fide intention of the defacto complainant and the willingness of the police to oblige the defacto complainant. There are no circumstances justifying the allegation under Section 308 I.P.C, it is submitted. The learned counsel for the petitioners brings to my notice that not even an allegation under Section 324 I.P.C is specifically raised. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation, the petitioners may be granted anticipatory bail. 4. Having considered all the relevant inputs, I am persuaded to agree that direction under Section 438 Cr.P.C can be issued in favour of the petitioners. Even though there is an allegation that iron pipe was used for infliction of the injury, no specific circumstances to corroborate the said allegation at present is shown. I do take note of the submission of the learned counsel for the petitioners that it is not disputed by the learned Public Prosecutor that there is no allegation raised even now under Section 324 I.P.C. Nature of the injury suffered has been B.A.No.617 of 2008 3 read over to me from the wound certificates. I am satisfied that subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 5. 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 12.02.08. 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 between 10 a.m and 4 p.m on 13.02.08 and 14.02.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.617 of 2008 4 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 12.02.08 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) each without any sureties undertaking to appear before the learned Magistrate on 12.02.08. (R.BASANT, JUDGE) rtr/-