IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1317 of 2008() ----------------------------- CRIME NO.78/08 OF VALAPATTANAM POLICE STATION : PETITIONERS/ACCUSED NO. 6 & 7 ---------------------------------------------- 1. SAJID, S/O.ABDULLA, VAYAKKARAKATH HOUSE, MANGADAVU, P.O.AROLI, KUNNUMPURAM, KANNUR DISTRICT. 2. MAJID, S/O.ABDULLA MOHAMMED, VAYAKKARAKATH HOUSE, (PONNAN HOUSE), P.O.AROLI, KUNNUMPURAM, KANNUR DISTRICT. BY ADV. SRI.M.K.ABOOBACKER SRI.MANSOOR.B.H. RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE, VALAPATTANAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1317 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for anticipatory bail. The petitioners are accused 6 and 7. 15 named accused and 15 others not named are arrayed as accused in that crime which is registered for offences punishable inter alia under Sections 452, 326 and 307 read with 149 I.P.C. The alleged incident took place on 22/1/2008. Political animosity is the alleged motive. The petitioners allegedly belong to the N.D.F and the injured/victim do allegedly belong to the C.P.M. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. In fact, there were two incidents that had taken place on that day. The petitioners had suffered injuries in the other incident and they were hospitalised. Subsequently false allegations have been raised against the petitioners. The petitioners are students. They have to write their examinations. The examinations continue till 29/03/2008. Anticipatory bail may be granted to the petitioners and the petitioners may be permitted to write their examination in peace, submits the learned counsel for the petitioner. B.A.No.1317/08 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the incident in this case has taken place long prior to the incident in the other case. Even assuming that the petitioners have suffered injuries in the latter incident, that does not disprove their involvement in the present crime. Allegations are serious. Satisfactory materials have been collected against the petitioners. In any view of the matter, the petitioners may not be granted anticipatory bail. They may be directed to surrender before the learned Magistrate or the investigating officer and then seek regular bail in the ordinary and normal course, submits learned Public Prosecutor. The learned Public Prosecutor, however, fairly submits that appropriate arrangement can be made so that the petitioners can write their examinations without the threat and risk of being arrested before such examinations are completed on 29/03/2008. 4. Having considered all the relevant circumstances, I am persuaded to agree that though specific directions under Section 438 Cr.P.C to release the petitioners on bail is not necessary, there can be directions issued which shall facilitate and enable the petitioners to write their examinations in peace without the threat and risk of being arrested before such examination is completed. B.A.No.1317/08 3 5. 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 03/04/2008. The petitioners may apply for regular bail after giving prior notice to the Prosecutor in charge of the case. The Police may also make appropriate application before the learned Magistrate. The learned Magistrate must consider all such applications and proceed to pass appropriate orders expeditiously. The petitioners shall comply with such orders to be passed by the learned Magistrate on such application. (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 03/04/2008, 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 03/04/2008. (R.BASANT, JUDGE) B.A.No.1317/08 4 jsr B.A.No.1317/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007