IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1377 of 2008() ----------------------------- CRIME NO. 67/08 OF NARAKKAL POLICE STATION .................... PETITIONER/A5 --------------------------- BOSE, S/O. VELAPPAN, AGED 58 YEARS, KALARIKKAL HOUSE, OCHANTHURUTH, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK. BY ADV. SRI.BIMAL PRASAD RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY C.I. OF POLICE, NARAKKAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1377 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner is the 5th accused. He is a person aged about 58 years and the father of accused 1 to 4. He now faces allegations in a crime registered for offences punishable, inter alia, under Sections 326 and 307 r/w. 149 I.P.C. The alleged incident took place at about 11 p.m. on 2.2.2008. In the F.I.R. specific allegation is raised only against three of the five accused persons, who are now on the array of accused. 2. According to the learned counsel for the petitioner, the incident in this case had taken place very close to the residential premises of accused 1 to 5. The petitioner has a case that on coming to know of the commotion he had reached the scene of the crime. According to him, his children, accused 1 to 3, were actually victims of aggression and not the aggressors at all. There are altogether five injured persons. They had come to the B.A.No. 1377 of 2008 2 scene to mount an attack on accused 1 to 3. It is thus that the incident took place. On hearing the commotion he had gone to the scene of the crime. False, vexatious and fanciful allegations are now being raised against the petitioner also. The allegation against him is not that he wielded any weapon, but he fisted some injured persons who had suffered injuries. The learned counsel submits that the totality of circumstances - that the presence of the petitioner is not even remotely whispered in the F.I.R., the fact that the petitioner resides close to the scene of the occurrence and had only allegedly came to the scene on hearing the commotion etc., must clearly suggest to this Court that the petitioner has also been brought on the array of accused to justify raising of allegation of unlawful assembly and to avoid the possibility of the petitioner deposing in favour of truth. In any view of the matter, the petitioner may now be granted anticipatory bail. He shall co-operate with the investigators and make himself available for interrogation, submits the counsel. 3. In the nature of the alleged facts and circumstances of this case, the learned Prosecutor was requested to place the case diary before me for my perusal. The learned Prosecutor submits that the first B.A.No. 1377 of 2008 3 accused has already been arrested. Accused 2 and 4 have later surrendered before the Magistrate. Only accused 3 and 5 remain to be arrested. Of these, the third accused is specifically named in the F.I.R. As against the petitioner, as stated earlier, no specific allegations are raised either in the F.I.R. or before the doctor, though in the case diary statements of witnesses, allegations are raised against the petitioner herein also. 4. Having considered all the relevant inputs, I find merit in the submissions of the learned counsel for the petitioner. The contention of the counsel that the petitioner was not involved in the incident and had only reached the scene of the crime from his house does appear to have some force at the present stage. Taking the totality of the circumstances into account, I am satisfied that the petitioner can be granted anticipatory bail, subject to appropriate conditions, which shall ensure the interests of a fair, proper and efficient investigation. At the request of the learned Prosecutor it is clarified that grant of anticipatory bail to the petitioner shall not in any way confer on the other accused any right for grant of bail or B.A.No. 1377 of 2008 4 anticipatory bail. Their claims will have to be decided on merits by the court concerned. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 17.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.3.2008 and 19.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer and on all Mondays and Fridays between 10 a.m. and 12 noon for a period of thee months and subsequently as and when directed by the Investigating Officer in B.A.No. 1377 of 2008 5 writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 17.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 17.3.2008. (R. BASANT) Judge tm