IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 724 of 2008() ---------------------------- CRIME NO.12/08 OF PUDUKKAD POLICE STATION .................... PETITIONERS : ACCUSED ------------------------ 1. RATHEESH, S/O.SANKARANKUTTY, AGED 25 YEARS, ITTOLI HOUSE, VARKKARA P.O., AMBALLUR, THRISSUR DISTRICT. 2. SOORYAN, S/O.KESAVAN, AGED 38 YEARS, BUSINESS, KOMBATH HOUSE, PUDUKKAD P.O., NENMANIKKARA, THRISSUR DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.12 OF 2008 PUDUKKAD POLICE STATION) BY PUBLIC PROSECUTOR SRI.C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 724 OF 2008 ------------------------------------------------- Dated this the 12th day of February, 2008 ORDER Application for anticipatory bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under Sec.307 read with Sec.34 of the IPC. The petitioners are accused 1 and 2. Altogether, there are 2 accused persons. The crux of the allegations is that the de facto complainant had some disagreement with the petitioners in respect of a contract for removal of earth which both of them are competed to secure. On account of that animosity, the petitioners had allegedly chased the de facto complainant and a friend of his who were proceeding on a motor-cycle. They were chased for sometime. The motor-cycle riders allegedly went into a narrow lane so that the petitioners in a car could not chase them. It is alleged that thereby the B.A. No. 724 OF 2008 -: 2 :- offence punishable under Sec.307 of the IPC has been committed. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. False, vexatious and exaggerated allegations are now being raised by the de facto complainant. They have a grievance that an obliging police has succumbed to the clout of the de facto complainant to swallow his version and register a crime. That is why the allegation under Sec.307 of the IPC has been raised and an F.I.R. registered under that Section, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are some previous instances also in which the parties were at logger heads and earlier crimes were registered. I have considered all the relevant inputs. Considering the nature of the allegations, the learned Public Prosecutor was requested to place the Case Diary for my perusal. I have perused the same. At this early stage of the investigation, I shall not embark on any detailed discussions on merits about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that an anxious consideration of the totality of the facts and circumstances persuades me to come to the conclusion that this B.A. No. 724 OF 2008 -: 3 :- is an eminently fit case where the extraordinary equitable discretion under Sec.438 of the Cr.P.C. can and ought to be invoked in favour of the petitioners. Appropriate conditions can, of course, be imposed in the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 19/2/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 20/2/08 and 21/2/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before the Investigating Officer 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 B.A. No. 724 OF 2008 -: 4 :- 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 the petitioners were arrested prior to their surrender on 19/2/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 19/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge