IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Bail Appl..No. 4759 of 2008() ----------------------------- CRIME NO.771/08 OF KOLLAM EAST POLICE STATION PETITIONERS : ACCUSED 1 & 2 ------------------------------------------ 1. SANDEEP.T.S. S/O.SALIM MADATHIL VEEDU AYATHIL PO., KOLLAM NOW RESIDING AT KARIMPINTHOTTATHIL VEEDU NEAR POLAYATHODE RAILWAY GATE, KOLAM 2. PRADEEP.T.S., S/O.SALIM, MADATHIL VEEDU AYATHIL PO., KOLLAM BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: COMPLAINANTS ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. S.I. OF POLICE, EAST POLICE STATION, KOLLAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4759 of 2008 ------------------------------------------------------- Dated this the 19th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 447, 323 and 326 read with Section 34 IPC. According to prosecution, petitioners and two others allegedly assaulted the defacto complainant and on a complaint filed by him, a crime was registered as crime No.771/08 under the above Sections. 3. Learned counsel for petitioners submitted that the first petitioner is a Village Extension Officer. The defacto complainant is a criminal. He approached the first petitioner for money. When he refused, he assaulted him in the presence of his wife and children. Thereafter, a false complaint was made against petitioners and a crime was registered as crime No.771/08. Learned counsel for the petitioners submitted that police is actively supporting the defacto complainant and hence, they apprehend arrest, detention and torture. 4. The petitioners had given a complaint on the very next day of the incident on 14.7.2008. But, no action was taken and BA No.4759/08 2 hence, he filed a complaint before the DYSP. Still, no action was taken. The matter was reported in the media on 16.7.2008. After the media reports came, the statement of the petitioner was taken by the police from the hospital, on 16.7.2008 in the morning. But, the crime as crime no.770/08 was registered only at 4 p.m. It was also pointed out that on the complaint lodged by the defacto complainant, a crime was subsequently registered at 5 p.m. on 16.7.2008. Though the defacto complainant was an accused in crime no.770/08, which was registered under Section 326 IPC, police did not arrest the defacto complainant, at least when he went to lodge the complaint in this case. This shows the interest of the police on the defacto complainant. The paper report is also produced which shows that the police was acting against the interest of the petitioners. 5. Learned public prosecutor submitted that the weapon is not recovered and the petitioners will be required for the recovery of the weapon. Learned counsel for the petitioners submitted that there is no allegation in the complaint that the petitioners had used any weapon but, the weapon was used by a person who is identifiable by sight. Therefore, petitioners BA No.4759/08 3 custodial interrogation may not be required for recovery of weapon. The petitioners are prepared to co-operate with the investigation, it is submitted. The FIR shows that the petitioners have not used any weapon. 6. But, learned public prosecutor submitted that the unidentifiable persons have not been identified so far and the petitioners may be required for interrogation. However, he has no objection in granting anticipatory bail, but, it is submitted that petitioners may be made available for custodial interrogation. After hearing both sides, I find that anticipatory bail can be granted to the petitioners on conditions. Hence, the following order is passed: (1) Petitioners shall surrender before the Investigating Officer within seven days from today and they will make themselves available for interrogation and also co-operate with the investigation. (2) The petitioners shall be released on bail in the event of their arrest on their executing bond for BA No.4759/08 4 Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed. (ii) Petitioners shall co-operate with the investigation. (iii) Petitioners shall not intimidate or influence any witness or tamper with the evidence or commit any offence while on bail and in case there is breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl