IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 758 of 2008() ---------------------------- CRIME NO.1/08 OF THIRUVALLAM POLICE STATION .................... PETITIONERS/ACCUSED ---------------------------- 1. SABU ,S/O.AJAYAKUMAR VATTAVILA PUTHEN VEEDU THIRUVAZHY MUKKU, THIRUVALLAM. 2. SHIBU, S/O. SIVANKUTTY VATTAVILA PUTHEN VEEDU THIRUVAZHY MUKKU, THIRUVALLAM. 3. RAJESH, S/O. PADMINI MUTTALAKUZHY,THIRUVAZHY MUKKU, THIRUVALLAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE THIRUVALLAM POLICE STATION TRIVANDRUM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 758 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. Altogether there are seven accused person, four named and three others. All the petitioners have been named in the F.I.R. The alleged incident took place on 31.12.2007. Assault with wooden stick is the offence alleged. Allegation under Section 308 I.P.C. has been included. Investigation is in progress. Some disputes regarding rash and negligent driving of a motor cycle earlier by one of the accused is the motive alleged. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The defacto complainant is a very influential person. Allegation under Section 308 I.P.C. has been included only because of the clout of the defacto complainant. In any view of the matter, there is absolutely nothing to indicate the commission of any offence punishable B.A.No. 758 of 2008 2 under Section 308 I.P.C. That section has been included with the transparent intention of vexing the petitioners. The petitioners may in these circumstances be granted anticipatory bail, it is prayed. 3. The learned Prosecutor has read over to me the nature of injuries described in the wound certificate as also the allegation in the F.I.R. 4. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. In the absence of opposition it is not necessary for me to advert to facts in any greater detail. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 15.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds B.A.No. 758 of 2008 3 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 16.2.08 and 18.2.2008. 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 between 10 and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 15.2.2008 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 15.2.2008 as directed in clause (1) above, they shall be released on B.A.No. 758 of 2008 4 bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 15.2.2008. (R. BASANT) Judge tm