IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST OCTOBER 2007 / 9TH ASWINA 1929 Bail Appl..No. 5589 of 2007() ----------------------------- (CRIME NO. 610/2007 of PATHANAMTHITTA POLICE STATION) PETITIONER/ACCUSED NOS. 1 & 2 ---------------------------------------- 1. SURESH KUMAR, AGED 35 YEARS, S/O. P. SASIDHARAN, USHA BHAVAN,THAZHE VETTIPPURAM VETTIPPURAM MURI,PATHANAMTHITTA. 2. UNNI @ SURESH, S/O. GOPI, AGED 34, KOIPPURATH HOUSE, AZHOOR,PATHANAMTHITTA. BY ADV. SRI.JACOB P.ALEX RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO, 610/2007 OF PATHANAMTHITTA POLICE STATION) BY ADV. SRI. JAI GEORGE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = B.A.No.5589 of 2007 = = = = = = = = = = = = = = Dated this the 1st day of October, 2007 ORDER Application for anticipatory bail. The petitioners face allegations for offences punishable, inter alia, under Section 379 IPC. Initially the crime was registered against the petitioners for offences punishable only under Sec.323 and 427 read with 34 IPC only. Subsequently an allegation has been raised under Section 379 IPC also. 2. That an incident had taken place between the rival contestants is not disputed. A case and counter case have been registered. The counter case, after investigation, has been charge sheeted already, it is submitted. This case is under investigation. There was admittedly a dispute between the rival contestants. An incident had taken place. The allegation which finds its place in the F.I. statement is that in the course of the incident, Rs.300/- and key of an auto-rickshaw had fallen at the scene of the crime and the 2nd petitioner herein had taken those fallen articles. This is the only allegation that is made on the relevant aspect in the FI statement. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. False and vexatious allegations B.A.No.5589 of 2007 2 are raised against the petitioners. The version of the petitioners has already been found to be correct as has been seen from the filing of the final report in the counter case. There is no wilful or fraudulent removal of any property. The petitioners are willing to co-operate with the investigation and make themselves available before the Investigating Officer as and when directed by this Court. The petitioners may in these circumstances be granted anticipatory bail, prays the learned counsel for the petitioners. 4. The learned Public Prosecutor does not oppose the said prayer and in the facts and circumstances of this case, I am satisfied , that anticipatory bail can be granted to the petitioners. I take note of the fact that counter case has already been charge sheeted and that the allegation under Section 379 IPC has not raised at the initial stage. I take note of the nature of the allegations that are raised in the F.I.Statement also. 5. In the result this petition is allowed. The following directions are issued under Sec.438 Cr.P.C i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 08.10.2007. ii) They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty thousand only) each B.A.No.5589 of 2007 3 with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 09.10.2007 and 10.10.2007. During the interrogation, the Investigating Officer shall make an opportunity to interrogate the petitioners in custody and take all necessary steps in the investigation. (iv) 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. (v) If they were arrested prior to 8.10.2007, they shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 8.10.2007. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE