IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2153 of 2008() ----------------------------- CRIME NO.54/08 OF CHITTARIKKAL POLICE STATION : PETITIONERS/ACCUSED: ------------------------------------- 1. RADHA M., AGED 32 YEARS (A13), W/O. KUNHIRAMAN, RESIDING AT JEERAKAPPARA, BHEEMANADY VILLAGE, HOSDURG TALUK,KASARAGOD DIST. 2. REMA M., AGED 26 YEARS (A14), W/O. KUNHIKRISHNAN, KURUVATTUVEETTIL,JEERAKAPPARA, BHEEMANADY VILLAGE, HOSDURG TALUK,KASARAGOD DIST. 3. BHARGAVI, AGED 39 YEARS (A15), W/O. KUNHIKRISHNAN, VAZHAKKODAN VEEDU,JEERAKAPPARA BHEEMANADY VILLAGE, HOSDURG TALUK,KASARAGOD DIST. 4. DIVAKARAN M., AGED 40 YEARS (A7), S/O. MUNDAN, JEERAKAPPARA, BHEEMANADY VILLAGE, HOSDURG TALUK,KASARAGOD DISTRICT. 5. VINU, AGED 16 YEARS (A10), S/O. RARICHAN @ V.J.THOMAS, PLUS TWO STUDENT, MALOTH KASBA H.S.S., REPRESENTED BY HIS FATHER, V.J. THOMAS. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O CHITTARIKKAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2153 of 2008 ------------------------------------- Dated this the 7th day of April, 2008 ORDER Application for anticipatory bail. Petitioners are accused 13, 14, 15, 7 and 10 respectively. The crux of the allegations against the petitioners is that they were members of an unlawful assembly of persons who allegedly attacked the police party which had reached the scene of crime on coming to know of a tussle between two groups of persons at the scene of the crime. 2. The learned counsel for the petitioners submits that this Court has already considered regular bail application of some of the accused and by order passed in B.A.2149 of 2008, they have been granted regular bail. The petitioners are 2 women and a minor who happened to be present at the scene of the crime. They were allegedly taking part in a peaceful demonstration which had taken place. By no stretch of imagination can it be held that the petitioners were members of an unlawful assembly. There was no intention whatsoever to attack any member of the police party. No unlawful assembly with such common object was ever formed at the scene of the crime, submits the learned counsel for the petitioners. B.A.No.2153 of 2008 2 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. I am satisfied, in these circumstances, that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. 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 15.04.2008. They shall be enlarged on regular bail on their executing a bond 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 16.04.08 and 17.04.08 and thereafter 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; B.A.No.2153 of 2008 3 iv) If the petitioners were arrested prior to their surrender on 15.04.08 as directed in clause (1) above, 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 15.04.08. (R.BASANT, JUDGE) rtr/-