IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1169 of 2008() ----------------------------- CRIME NO.27/08 OF THALIPARAMBA POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. K.SHAJI, S/O. KUNHIRAMAN, POKKUNDU, KURUMATHUR, THALIPARAMBA, KANNUR. 2. K.K.BIJU, S/O. RAGHAVAN, POKKUNDU, KURUMATHUR, THALIPARAMBA, KANNUR. 3. K.DINESANI, S/O. KUNHIRAMAN, POKKUNDU, KURUMATHUR, THALIPARAMBA, KANNUR. 4. A.K.SHINOD, S/O. GOVINDAN, POKKUNDU, KURUMATHUR, THALIPARAMBA, KANNUR. 5. P.SREEJITH, S/O. SREEDHARAN, POKKUNDU, KURUMATHUR, THALIPARAMBA, KANNUR. 6. V.SAJITH, S/O. RAGHAVAN, POKKUNDU, KURUMATHUR, THALIPARAMBA, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THALIPARAMBA POLICE STATION, THALIPARAMBA, KANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1169 of 2008 ---------------------------------------- Dated this the 4th day of March 2008 O R D E R Application for anticipatory bail. The petitioners who are allegedly workers of the C.P.M face allegations in a crime registered under Section 295 I.P.C. The crux of the allegations is that the miscreants had thrown stones at a place of religious version. Crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioners submits that the allegations under Section 295 I.P.C. are totally unjustified. It was only a political dispute and the allegations under Section 295 I.P.C are raised without any valid justification. The learned counsel for the petitioners submits that, in fact, the disputes have been settled between the parties. The authorities of the religious institution have no complaint whatsoever now. They have realised that no offence under Section 295 I.P.C is in any way involved. 3. The learned Public Prosecutor, after taking time to take instructions, submits that the matter have been settled now and in these circumstances in the interests of harmony, State does not want to oppose the application of anticipatory bail. Appropriate conditions may be imposed, it is prayed. B.A.No.1169/08 2 4. I am satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11/03/2008. They shall be released on regular bail on condition that they execute bonds 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 12/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.1169/08 3 (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 these directions were not issued at all. (iv) If they were arrested prior to 11/03/2008, 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 11/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1169/08 4 B.A.No.1169/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007