IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1768 of 2008() ----------------------------- CRIME NO.114/08 OF UDAYAMPEROOR POLICE STATION PETITIONERS ----------------- 1. ANEESH V.P., S/O.PUSHKARAN, AGED 29 YEARS,VADAYAZHATH HOUSE, POOTHOTTA P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT. 2. ANILKUMAR V.P., AGED 27 YEARS, S/O.PUSHKARAN, VADAYAZHATH HOUSE, POOTHOTTA P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI. 2. THE STATION HOUSE OFFICER, UDAYAMPEROOR POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1768 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 308 I.P.C. The other offences alleged are only the ones punishable under Sections 323, 341 and 427 I.P.C. The crux of the allegations raised against the petitioners is that there was a dispute between the brother of the first accused and the defacto complainant, whose uncle was sponsoring some festival in a local temple. There is strain in the relationship arising from such prior incident. Later, when the defacto complainant went to a petrol bunk for the purchase of diesel the accused persons allegedly went to him, assaulted him and he fell down. The diesel purchased by him was allegedly poured over his body and there was a threat that he will be set fire to. It is on these allegations that allegation under Section 308 I.P.C. has been raised. Investigation is in progress. The petitioners apprehend imminent arrest. B.A.No. 1768 of 2008 2 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The defacto complainant is influential. He has a relative, who is employed in the police. Only because of such clout, allegation under Section 308 I.P.C. has been raised. There are no elements whatsoever of the offence under Section 308 I.P.C. It is in these circumstances prayed that the petitioners may be granted anticipatory bail. They shall abide by any reasonable terms, it is further submitted. 3. The learned Prosecutor opposes the application. He submits that in the facts and circumstances of this case, but for the intervention of the local people it was very possible and probable that the petitioners may have implemented their threat to set fire to the victim and in these circumstances the petitioners do not deserve to be granted anticipatory bail. 4. I have perused the case diary. At this early stage of investigation I shall carefully avoid any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that on an anxious consideration of all B.A.No. 1768 of 2008 3 the relevant inputs. I find merit in the contention of the learned counsel for the petitioners that the allegations raised appear to be exaggerated and artificial. I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioners, subject to appropriate conditions, which shall ensure the interests of a proper investigation. 5. 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 1.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 2.4.08 and 3.4.2008. During this period, the investigators shall B.A.No. 1768 of 2008 4 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 on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 1.4.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 1.4.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 1.4.2008. (R. BASANT) Judge tm