IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Bail Appl..No. 4596 of 2008() ----------------------------- CRIME NO.168/08 OF KODAKARA POLICE STATION PETITIONERS/ACCUSED 1, 3, 4, 5 & 6 --------------------------------------------------- 1. RAMACHANDRAN @ JAYACHANDRAN, S/O.DAMODARAN, NAMBYANCHIRA HOUSE, MANAKKULANGARA P.O., KODAKARA, THRISSUR. 2. RAMESH, S/O.KOCHUKURUMBAN, KANJIRAPARAMBIL HOUSE, MANAKKULANGARA P.O. KODAKARA. 3. ASOKAN, S/O.KUNJAYYAPPAN, CHAKKUMKUTTI HOUSE, MANAKKULANGARA P.O., KODAKARA. 4. AJAYAN, S/O.GOPI, THOMMNANA HOUSE, KAROOR DESOM, MANAKKULANGARA P.O. KODAKARA. 5. SANTHOSH, S/O.CHATHAN, CHEMBISSERY HOUSE, VAZHIYAMBALAM P.O., MANAKKULANGARA P.O. KODAKARA. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KODAKARA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4596 of 2008 ----------------------------------------- Dated this the 21st July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 341, 324 and 308 read with 149 of Indian Penal Code. According to prosecution, the de facto complainant is a bus driver and he was deliberately not taking students in the bus and hence the petitioners, along with second accused, intercepted the bus and assaulted the de facto complainant and committed the various offences. 3. Learned counsel for petitioners submitted that the second accused is the only person who used a stone against the de facto complainant and there are no allegations against any of the other accused that they used any weapon for the offence. It is also pointed out that the second accused has been granted bail, after 11 days of detention. The injury sustained by the de facto complainant are contusion and abrasion. It was also submitted that no allegations are made against accused 5 and 6 that they assaulted the de facto complainant. 4. Learned Public Prosecutor submitted that the petitioners BA.4596/08 2 may be directed to surrender before the investigating officer for interrogation and on such condition he has no objection in granting anticipatory bail to the petitioners. Hence, the following order is passed: i) The petitioners shall surrender before the investigating officer within seven days from today and make themselves available for interrogation. ii) Thereafter, in the event of their arrest, they shall be produced before the Magistrate Court concerned, in accordance with law. iii) On production before the Magistrate Court, if any bail application is filed, petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on condition that the petitioners shall co-operate with the investigation and report before the investigating officer as and when directed. This petition is allowed. K.HEMA, JUDGE vgs.