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. 7823 of 2007() ----------------------------- CRIME 337/07 OF ERUMAPETTY POLICE STATION PETITIONER/ACCUSED ----------------------------------- ABOOBACKER, AGED 55 YEARS, CHEERAMPARAMBIL HOUSE, THALI DESOM, THICHOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE 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. 7823 OF 2007 C ```````````````````````````````````````````````````` Dated this the 7th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused. Altogether there are three accused persons. All of them are named in the FIR. The victim has suffered injuries including fracture of the rips. Crime has been registered under Sections 326 and 354 IPC. Investigation is in progress. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He is the victim of aggression and not the aggressor. A counter case has been registered. Three persons have suffered injuries in that case. Allegations and counter allegations about the same incident have been raised. The petitioner do not deserve the trauma of arrest and incarceration, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail. I am satisfied that the petitioner can be granted anticipatory bail subject to BA.7823/07 : 2 : appropriate terms and conditions in the absence of the opposition from the learned Public Prosecutor. It is not necessary to advert to the facts in any greater detail in this order. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 14.1.08. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) 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 15.1.08 and 16.1.08. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for proper BA.7823/07 : 3 : conduct of the investigation in this crime. Thereafter, he shall make himself available for interrogation on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently 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. (iv) If he were arrested prior to 14.1.08, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 14.1.08. (R.BASANT, JUDGE) aks