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. 1733 of 2008() ----------------------------- CRMP.625/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.101/2008 OF KADAKKAL POLICE STATION, KOLLAM .................... : PETITIONERS/ACCUSED 1 TO 4 ------------------------------------------- 1. P.V.BAIJU, AGED 32 YEARS, S/O.P.V.VASUNDHARAN, AZHAKATHU VILAYIL VEEDU, PANGALKADU, PULIPARA P.O., KADACKAL, KOLLAM. 2. RENJITH P.V., AGED 24 YEARS, S/O.P.V.VASUNDHARAN, AZHAKATHU VILAYIL VEEDU, PANGALKADU, PULIPARA P.O., KADACKAL, KOLLAM. 3. P.V.VASUNDARAN, AGED 58 YEARS, S/O.VISWANATHAN, AZHAKATHU VILAYIL VEEDU, PANGALKADU, PULIPARA P.O., KADACKAL, KOLLAM. 4. SURAJ R.S., S/O.RAJAN K., AGED 20 YEARS, OLIPURATHUKUNNIL VEEDU, AVANAVANCHERRY P.O., ATTINGAL, THIRUVANANTHAPURAM DIST. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM. THROUGH 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.1733 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 4. They face allegations in a crime registered inter alia under Sections 452 and 324 I.P.C. The alleged incident took place on 16/2/2008 between the rival contestants. There was some pathway disputes and due to consequent animosity both sides are shown to have raised allegations against the other about an incident which took place on the night of 16/2/2008. Both incidents, going by the allegations as per the F.I.R, took place at around 10.30 p.m on 16/2/2008. Allegations and counter allegations are raised. While the de facto complainant in this crime alleges that the incident took place after they gone to bed inside their house, in the counter case - crime No.106/2008, the incident is alleged to have taken place at the courtyard of the house of the first accused. Both parties have traded allegations and counter allegations. Investigation into both crimes are pending. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the allegations are totally false and incorrect. The allegation under Section 452 I.P.C has been included with deliberate mala B.A.No.1733/08 2 fides. No incident whatsoever had taken place inside the house of the de facto complainant. The petitioners have suffered serious injuries in the incident which is the subject matter of crime No.106/2008. It is idle to assume that thereafter a different separate incident took place as alleged by the prosecution. In any view of the matter, the petitioners are willing to co-operate with the investigating officer . They may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. But notwithstanding the opposition, I am satisfied that the petitioners can be granted anticipatory bail. Appropriate conditions can of course be imposed in the interests of a fair, efficient and expeditious investigation. 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 31/03/2008. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.1733/08 3 ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 01/04/2008 and 02/04/2008. 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 on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently 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 31/03/2008, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 31/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1733/08 4 B.A.No.1733/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007