IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 123 of 2008() ---------------------------- CRIME NO.703/2007 OF PUNALUR POLICE STATION : PETITIONERS/ACCUSED NO.1 TO 3: ----------------------------------------------- 1. NOUSHAD, S/O. SHAHUL HAMEED RAWTHER, KOCHUVILA VEEDU, KARIYARA P.O., PUNALUR. 2. SIKANTER, S/O. SHAHUL HAMEED RAWTHER, KOCHUVILA VEEDU, KARIYARA P.O., PUNALUR. 3. SHAJI, S/O. SUBAIDA BEEVI, MELE VEEDU, KARIYARA MURI, VILAKADI VILLAGE, PUNALUR. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, PUNALUR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.123 of 2008 ---------------------------------------- Dated this the 11th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. They face allegations in a crime registered under Section 308 I.P.C. The learned Public Prosecutor submits that the second accused/petitioner has already been deleted from the array of accused. On a wrong identification of the victim, three persons allegedly attacked him and caused injuries to him. The attack was with a chopper, it is alleged. All the three petitioners are named in the F.I.R. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. The allegation under Section 308 I.P.C has been vexatiously included. No serious injury at all has been suffered by the victim. The inclusion of Section 308 I.P.C is with the transparent intention of vexing and harassing the petitioners and to ensure that they remain in custody for as long a period as possible. It is in these circumstances prayed that anticipatory bail may be granted to the petitioners. B.A.No.123/08 2 3. The learned Public Prosecutor does not oppose the application. Having considered all the relevant inputs I am satisfied that this petition can be allowed in part and directions can be issued in favour of accused 1 and 3. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result, this petition is allowed in part. The petition in so far as the second petitioner is concerned is dismissed, he having already been deleted from the array of accused. Following directions are issued under Section 438 Cr.P.C in favour of petitioners 1 and 3. i) Petitioners 1 and 3 shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 18/01/2008. 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. ii) They shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 21/01/2008 and 22/01/2008. During this period, B.A.No.123/08 3 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 18/01/2008, 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 18/01/2008. (R.BASANT, JUDGE) jsr B.A.No.123/08 4 B.A.No.123/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007