IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1756 of 2008() ----------------------------- CRIME NO.1002/07 OF IRINJALAKUDA POLICE STATION PETITIONERS : ACCUSED NOS. A2 AND A5: ---------------------------------------- 1. BAISIL @ BABY, AGED 24 YEARS, S/O.BABY, EDAPPATTU HOUSE, THAIKKATTUSSERY HOUSE, OLLUR, THRISSUR DIST. 2. ANEESH K.M., AGED 28 YEARS, S/O.MOHANAN, KOLATTU HOUSE, ARIMBUR P.O., THRISSUR DISTRICT. BY ADV. SRI.SOJAN JAMES RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. (CRIME NO. 1002/07 OF IRINJALAKUDA, POLICE STATION BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1756 of 2008 ------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for anticipatory bail. Petitioners apprehend arrest as accused in a crime registered initially under the caption `man missing'. The allegations under Sections 365 and 323 I.P.C have now been included. The petitioners apprehend imminent arrest. 2. The petitioners are the crew of a bus. There were certain disagreement/disputes between the petitioners on the one hand and the owner and crew of another bus relating to running time of the two buses. The defacto complainant, a member of the crew in such other bus is a person, aged about 19 years, who was found missing from 21.12.07. On the complaint of his mother, crime was registered on 23.12.07 alleging that the defacto complainant/victim was missing. Long later, the defacto complainant surfaced. He gave out a version to explain his absence. According to him, he was dragged out from the bus on the date of the incident. He was taken to another bus. That bus was empty. He was tortured inside that running bus. He became B.A.No.1756 of 2008 2 unconscious. He heard their conversation. He concluded that he will be done away with by them. He jumped out of the bus in an attempt to save himself. The bus was stopped. The miscreants came after him. The victim successfully hid himself. The miscreants went away. Thereafter he went to Coimbatore, in the neighbouring State of Tamil Nadu. He stayed there for some period of time. He did not reveal the details to anyone there. Long later he spoke to his parents over the telephone. He was asked to return. After return he gave out the present version of abduction and assault inside the bus. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that the allegations are totally false and incorrect. No prudent mind can swallow the said version without a pinch of salt. In any view of the matter, the petitioners do not deserve to endure the trauma of arrest and detention. The petitioners may be granted anticipatory bail, it is prayed. 4. The case diary has been placed before me. I have perused the same. After discussions at the Bar, the learned Public Prosecutor does not oppose the application for anticipatory bail. I am also satisfied that, in the facts and circumstances of the case, this is a fit case where the petitioners can be granted B.A.No.1756 of 2008 3 anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 31.03.2008. They shall be enlarged on regular bail on their executing a bond 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 5 p.m on 01.04.08 and 02.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently 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.1756 of 2008 4 arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 31.03.2008 as directed in clause (1) above, 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 31.03.08. (R.BASANT, JUDGE) rtr/-