IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2342 of 2008 ------------------------------------- (CRIME NO. 86/2008 OF POOJAPPURA POLICE STATION) ................ PETITIONERS/ACCUSED 1 TO 5: ---------------------------------------------- 1. BINUMON, S/O.DIVAKARAN, THAMALAM, POOJAPPURA, THIRUVANANTHAPURAM. 2. SAMKUTTY, S/O.VIJAYAN, T.C-19/1-4, -DO- -DO-. 3. ARUN, S/O.KESAVAN, T.C-19/630, -DO- -DO-. 4. UDAYAKUMAR, S/O.MADHAVAN, T.C-19/560, -DO- -DO-. 5. BINU, S/O. RAJENDRAN, T.C-19/670, -DO- -DO-. BY ADV. SRI.G.P.SHINOD. RESPONDENT/ COMPLAINANT STATE AND INVESTIGATING OFFICER: ---------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM. 2. SUB-INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, KATTAKKADA, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2342 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 5. Altogether there are six accused persons. The sixth accused has already been arrested and enlarged on bail. Political animosity is the alleged motive. The petitioners face allegations in a crime registered alleging offences punishable inter alia under Sections 308 and 324 read with 149 I.P.C. The de facto complainant belongs to the D.Y.F.I whereas the accused persons belonging to the R.S.S. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. The de facto complainant's political clout has persuaded the police to raise the reckless allegations under Section 308 I.P.C. The nature of the injuries as also the description of the injuries in the note under the F.I.R would reveal clearly that there are no elements of the offence punishable under Section 308 I.P.C. Such allegation has been raised solely for the purpose of vexation and to ensure that the petitioners remain in custody for as long a period as possible, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application and having considered all the relevant inputs, I am satisfied that the petitioners deserve to be granted anticipatory bail. B.A.No.2342/08 2 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 06/05/2008. They shall be released 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 1 p.m on 07/05/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter 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 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 06/05/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 06/05/2008. (R.BASANT, JUDGE) B.A.No.2342/08 3 jsr B.A.No.2342/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007