IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 989 of 2008() ---------------------------- : PETITIONERS/ACCUSED NO.1 TO 6: ---------------------------------------------- 1. SOLOMON HENRY, AGED 32 YEARS, S/O. HENRY, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. 2. JOSEPH, AGED 34 YEARS, S/O. SEBASTIAN, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. 3. BIATRIZ, AGED 29, W/O. JOSEPH, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. 4. SHAJI, AGED 29, S/O. JOSEPH, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. 5. JEROME ABEL, AGED 35 YEARS, S/O. JOHNSON, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. 6. PODIMON, AGED 35 YEARS, S/O. WALTER, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.B.BALRAJ RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.989 of 2008 ---------------------------------------- Dated this the 26th day of February 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 6. All of them are named in the F.I.R which was registered in respect of an incident which took place on 4/2/2008 for offences punishable inter alia under Section 452 read with 149 I.P.C. 2. The crux of the allegations is that the parties who are in loggerheads were involved in an incident which took place in the church earlier in that morning. The third accused and the de facto complainant, both women, had an altercation. Because of such animosity, all the accused persons allegedly trespassed into the house of the de facto complainant and indulged in wanton acts of mischief and violence. Crime has been registered. Investigation is in progress. Petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. B.A.No.989/08 2 3. 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 04/03/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five 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 06/03/2008 and 07/03/2008. 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. (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 B.A.No.989/08 3 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 04/03/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 04/03/2008. (R.BASANT, JUDGE) jsr B.A.No.989/08 4 B.A.No.989/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007