IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1309 of 2008() ----------------------------- CRIME NO. 53/08 OF VENGARA POLICE STATION PETITIONERS : ACCUSED 1 TO 3 ------------------------------- 1. ABU HAJI, AGED 50, S/O.AVARAN HAJI ULLATTUPARAMBIL HOUSE, KANNAMANGALAM DESOM MALAPPURAM DISTRICT. 2. KADEEJA, AGED 45, W/O.ABU HAJI ULLATTUPARAMBIL HOUSE, KANNAMANGALAM DESOM MALAPPURAM DISTRICT. 3. MOHAMMED RAFI, AGED 18, S/O.ABU HAJI ULLATTUPARAMBIL HOUSE, KANNAMANGALAM DESOM MALAPPURAM DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.(REPRESENTING THE STATION HOUSE OFFICER VENGARA POLICE STATION, MALAPPURAM DISTRICT.) BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1309 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. Altogether there are only three accused persons. They are husband, wife and son. The alleged incident took place on 22.2.2008. The petitioners, on account of prior animosity, allegedly attacked the victim with iron rods and stones. Injuries have been suffered by the victim. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The nature of the allegations must eloquently reveal that the inclusion of the offence under Section 308 I.P.C. is totally unjustified and has been included by the police only to vex and harass the petitioners. That is the only non-bailable offence alleged against the petitioners. In these circumstances it is prayed that the petitioners may be granted anticipatory bail. B.A.No. 1309 of 2008 2 2. Notice was given. The learned Prosecutor has read over to me the nature of the injuries suffered by the victim. Only simple insignificant injuries have been suffered. The learned Prosecutor, in these circumstances, does not oppose the application. 3. I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 10.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No. 1309 of 2008 3 (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 11.3.08 and thereafter between 10 and 12 noon on all Mondays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 10.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 10.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 10.3.2008. (R. BASANT) Judge tm