IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2027 of 2008() ----------------------------- CRIME NO.190/08 OF KALAMASSERY POLICE STATION PETITIONER : ACCUSED NO.11 ------------------------------ AFSAL, AGED 23 YEARS, S/O.ABULKADER ELAVUNKAL PARAMBIL, A.K.G. GODOWN ROAD EDAPPALLY. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY CIRCLE INSPECTOR OF POLICE KALAMASSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, ALONG WITH BA NOS. 2042 & 2073 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 2027, 2042 & 2073 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 O R D E R These applications are for anticipatory bail. The petitioners are accused 8, 9 and 11 in a crime registered alleging offences punishable, inter alia, under Section 326 r/w. 149 I.P.C. Altogether there are 12 accused persons. The alleged incident took place on 19.2.2008. 2. The crux of the allegations is that an outdoor shooting unit of a serial producers, while they were returning in their vehicle from the place of shooting, was allegedly attacked by an unlawful assembly of persons. The defacto complainant as also five others allegedly suffered injuries. All the other injuries suffered by the victims appear to be simple injuries, but one of them had suffered fracture of the nasal bone. Investigation is in progress. Curiously the injured persons are not able to account as to why and for what reasons such an unlawful assembly of persons attacked them. B.A.Nos. 2027, 2042 & 2073 of 2008 2 3. The petitioners have subsequently been arrayed as accused, eventhough in the F.I. Statement they are not shown as accused. Accused 1 and 2 only are named in the F.I.R. The petitioners have a totally different version to advance. According to them, while accused 1 to 3 were proceeding on a motor cycle, the vehicle in which this unit was travelling, in a rash and negligent manner splashed muddy water on them and consequently there was a dispute between accused 1 to 3 on the one hand and the members of the mobile shooting unit on the other. There were exchange of words and altercation. The other people of the locality had only intervened to prevent the escalation of the exchanges. They had absolutely no interest in the dispute between the two and the attempt was only to avoid a breach of peace and escalation of violence. Totally false and vexatious allegations have been raised against the petitioners herein. They are in no way concerned with the dispute between the defacto complainant and his unit and accused 1 to 3 on the other. It is pointed out that they are not shown to have any motive whatsoever against the injured persons. No overt act whatsoever are alleged against them also. They do not B.A.Nos. 2027, 2042 & 2073 of 2008 3 deserve to suffer the trauma of arrest and incarceration. They may be granted anticipatory bail, it is prayed. 4. Notice was given to the learned Prosecutor. Case diary was place before me for my perusal. This Court had specifically wanted the learned Prosecutor to ascertain what the motive for the alleged occurrence is. The learned Prosecutor submits that later interrogation of some of the witnesses suggests the possibility of the local people being dissatisfied that they were not given access to the place where shooting was taking place. Significantly till the first date of posting of this case there is no semblance of a suggestion of such a motive. 5. Be that as it may, the learned Prosecutor after discussions at the Bar, submits that the State does not want to oppose the application of these petitioners, but prays that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. 6. I am satisfied, in the facts and circumstances, that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. B.A.Nos. 2027, 2042 & 2073 of 2008 4 7. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 17.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.4.2008 and 19.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. B.A.Nos. 2027, 2042 & 2073 of 2008 5 (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.4.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 17.4.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 17.4.2008. (R. BASANT) Judge tm