IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1917 of 2008() ----------------------------- CRIME NO.59/08 OF PARASSALA POLICE STATION .................... PETITIONERS : ACCUSED 1 & 2 ------------------------------ 1. A. SANTHOSH KUMAR @ THULASI S/O.YESUDAS, KAVUVILA VEEDU, PULLAMALA KEEZHKOLLA DESOM, CHENKAL VILLAGE, NEYYATTINKARA 2. SOBHANA KUMAR, W/O.SANTHOSH KUMAR OF DO. DO. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1917 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for anticipatory bail. About an incident which took place on 16.01.08, allegations and counter allegations have been raised by the rival contestants and a case and a counter case have been registered. The petitioners are the husband and wife, who are arrayed as accused 1 and 2 and their son, who was arrayed as accused No.3 has now been dropped from the array of accused after realising that he is not involved in the crime. In the crime registered against the petitioners allegations are raised under Sections 324 and 308 I.P.C. In the counter case, allegations are raised, inter alia, under Sections 326 and 324 I.P.C. Personal animosity is the alleged motive. Chopper, wooden stick etc. were the weapons allegedly used for commission of the offence. There are 2 injured persons. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. The allegation under Section 308 I.P.C has been included without any justification. That only B.A.No.1917 of 2008 2 reveals the prejudice of the investigator. In any view of the matter, the petitioners, who were really the victims of aggression and not the aggressors, may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. Wound certificate has been read over to me. Having considered all the relevant inputs, I am persuaded to agree that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this 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 02.04.08. They shall be enlarged on regular bail on their executing a bond 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 03.04.08 and 04.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper B.A.No.1917 of 2008 3 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; 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 02.04.08 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 02.04.08. (R.BASANT, JUDGE) rtr/-