IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1972 of 2008() ----------------------------- CRMP.584/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.137/08 OF CHERTHALA POLICE STATION, ALAPPUZHA .................... PETITIONERS : ACCUSED 1, 2, 4 TO 7 ---------------------------- 1. AMAL DEV, AGED 24 YEARS S/O.VASUDEVAN, DEVALAYAM,K.R.PURAM CHETHALA, ALAPPUZHA DISTRICT 2. VIMAL DEV, AGED 22 YEARS S/O.VASUDEVAN, DEVALAYAM,K.R.PURAM CHETHALA, ALAPPUZHA DISTRICT 3. ANEESHKUMAR.K.S., AGED 26 YEARS S/O.SUDARSNAN, PADINJAREVELIYIL K.R.PURAM CHETHALA, ALAPPUZHA DISTRICT 4. BINEESH,AGED 26 YEARS,S/O.SOMAN THUMBEPARAMBIL,PALLIPPURAM CHERTHALA ALAPPUZHA DISTRICT 5. UDAYA RENJITH,AGED 27 YEARS S/O.RAJAPPAN, PANIYATHUSSERIL, K.R.PURAM CHETHALA, ALAPPUZHA DISTRICT 6. SOJI,AGED 28 YEARS S/O. MOHANAN, THARAYIL, PALLIPPURAM, CHERTHALA,ALAPPUZHA DISTRICT BY ADV. SRI.SHAJI P.CHALY SRI.ABDUL JALEEL.A RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE CHERTHALA POLICE STATION ALAPPUZHA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1972 of 2008 ------------------------------------- Dated this the 31st day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1, 2, 4, 6 and 7. Altogether there are 7 named and 3 others shown as accused in the F.I.R. The 3rd accused has already been arrested and released on bail. The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 307 r/w 149 I.P.C. That is the only non bailable offence alleged. There are 4 injured persons. Koduval and iron rods are the weapons allegedly used by the miscreants. The alleged incident took place on 22.02.08. The petitioners were allegedly in charge of the conduct of a temple festival. An offering was to take place. The petitioners had allegedly wanted those who came to make the offering to wait. This had allegedly infuriated some others and an altercation took place. Fanciful and exaggerated allegations are now being raised against the petitioners, it is submitted. 2. The learned Public Prosecutor was requested to explain the nature of injuries, if any, which can suggest the need to B.A.No.1972 of 2008 2 justify inclusion of the allegation under Section 308 I.P.C. The learned Public Prosecutor after reading over the wound certificate about the nature of injuries suffered by the victim fairly concedes that anticipatory bail can be granted to the petitioners. No serious injuries are seen suffered which can indicate the probability of commission of offence under Section 307 I.P.C, it is submitted. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. I am satisfied that anticipatory bail can be granted to the petitioners subject of course to appropriate terms and conditions. 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 07.04.2008. They shall be enlarged on regular bail on their executing 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) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 08.04.2008 and 09.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the B.A.No.1972 of 2008 3 petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on all Mondays and Fridays for a period of one month and subsequently 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 07.04.08 as directed in clause (1) above, they shall be released from custody on their executing bonds for Rs.50,000/- (Rupees Fifty thousand only) each without any sureties undertaking to appear before the learned Magistrate on 07.04.08. (R.BASANT, JUDGE) rtr/-