IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 7686 of 2007() ----------------------------- CRIME 314/07 OF MANJESHWAR POLICE STATION PETITIONERS/ACCUSED A1 TO A3 -------------------------------------------- 1. MUBARAK SULAIMAN, AGED 29 YEARS, S/O.IBRAHIM P.S, BADRIYA MANZIL, KUNDAPPU, PAVOOR VILLAGE AND POST, KASARAGOD DISTRICT. 2. ASHRAF @ MOHAMMED ASHRAF, AGED 24 YEARS, S/O.LATE P.K.SHEKABA, BISMILLA MANZIL, KUNDAPPU, PAVOOR VILLAGE & POST, KASARAGOD TALUK. 3. MOHAMMED ASIF, AGED 18 YEARS, S/O.P.S.AHAMMED HAJI, RAHMATH MANZIL, KUNDAPPU, PAVOOR VILLAGE & POST, KASARAGOD TALUK. BY ADV. SRI.K.ANAND RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7686 OF 2007 A ```````````````````````````````````````````````````` Dated this the 7th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1, 4 and 5. Altogether there are 13 accused persons. Three of them are named in the FIR. The alleged incident took place on 14.10.07. There are two injured persons. It is alleged that the injured persons along with others were proceeding to the house of their close relative. They were allegedly attacked when they were so proceeding. The victim has suffered grievous injuries. Investigation is in progress. The petitioners apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. In fact, the incident did not take place in the manner alleged by the prosecution. There is a counter case also registered. The de facto complainant in this case had allegedly trespassed into the house of one of the petitioners and had indulged in acts of violence. A counter case has BA.7686/07 : 2 : been registered. The petitioners apprehend imminent arrest in this crime. 3. The learned Public Prosecutor, after taking instructions, does not oppose the application for anticipatory bail filed by the petitioners. The learned Public Prosecutor submits that in the counter case, the allegations raised by the petitioners have been accepted by the police and the final report has been filed. In the light of that circumstance, the learned Public Prosecutor submits that the police have no objection against grant of anticipatory bail to the petitioners subject to appropriate terms and conditions. 4. I am satisfied in the facts and circumstances of this case that the petitioners can be granted anticipatory bail. In the absence of opposition by the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of BA.7686/07 : 3 : the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 14.1.08. They shall be released on regular bail on condition that they execute 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 3 p.m on 15.1.08 and 16.1.08. During this period, the police shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper investigation of the case. Thereafter, they 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 the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do not appear before the learned BA.7686/07 : 4 : 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 they were arrested prior to 14.1.08, 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 14.1.08. (R.BASANT, JUDGE) aks