IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 555 of 2008() ---------------------------- CRIME NO.7/08 OF NEYYATTINKARA POLICE STATION PETITIONER/ACCUSED ----------------------------------- ANIL, S/O.CHANDRAN, MANKATTUVILA MELE PUTHUVAL PUTHENVEEDU, MORUTHATHOOR, CHAIKKOTTUKONAM, NEYYATTINKARA. BY ADV. SRI.SAJU.S.A RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.555 OF 2008 ------------------------------------------------- Dated this the 31st day of January, 2008 ORDER Application for anticipatory bail. The petitioner - a young man aged above 18 years, faces allegations in a crime registered under Secs.332 and 427 of the IPC. The crux of the allegations against him is that consequent to an alleged skirmish between his aged grandfather and the Conductor of a K.S.R.T.C. bus, the petitioner, on account of that animosity, later on that night, attacked the Conductor of the bus with an iron block - `idikkatta'. It is further alleged that the petitioner took away the cash bag and ran away; but later abandoned those articles and escaped. A crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. The de facto complainant has suffered injury, though minor in nature as is revealed from the B.A. No.555 OF 2008 -: 2 :- wound certificate. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is true that there was an altercation between his grandfather and the Conductor. The petitioner had intervened in that dispute. Solely because of that reason and apprehending that the petitioner and his grandfather may complain before the employer of the de facto complainant, the de facto complainant made reckless allegations against the petitioner. That the de facto complainant has exaggerated his case is clearly evident from the nature of the allegations raised, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. I take note of the young age of the petitioner. I take note of the background of the offence. Having considered all the relevant inputs, even though the petitioner is not a juvenile and is aged above 18 years, I am satisfied that a lenient view can be taken and the petitioner can be granted anticipatory bail subject, of course, to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned B.A. No.555 OF 2008 -: 3 :- Magistrate having jurisdiction at 11 a.m. on 7/2/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 8/2/08 and 9/2/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 12 noon for a period of one month. Subsequently, he shall so make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law as if these directions were not issued at all; B.A. No.555 OF 2008 -: 4 :- (iv) If the petitioner were arrested prior to his surrender on 7/2/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 7/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge