IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5224 of 2008() ----------------------------- CRIME NO.554/2008 OF PANDALAM POLICE STATION PETITIONERS : ACCUSED ----------------- 1. VINU.P.V., AGED 31, S/O.VASAVAN PALANILKUNNATHIL HOUSE, MEZHUVELIMURI AND VILLAGE PATHANAMTHITTA. 2. SALU.K.K., AGED 33, S/O.KAMALASANAN, KARUKAYIL VADAKKETHIL, MEZHUVELIMURI AND VILLAGE PATHANAMTHITTA 3. MOHANDAS, AGED 62, S/O.KUMARAN , THENGINAL MANNIL MEZHUVELI PO., PATHANAMTHITTA. 4. SHINELAL, AGED 30, S/O.DIVAKARAN KAVINADIVASATHY, MEZHUVELI PO., 5. MANOJ, AGED 30, S/O.KUNJUCHERUKKAN KURIANCHIRAMODIYIL MEZHUVELIMURI AND VILLAGE. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT: STATE ----------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5224 of 2008 ------------------------------------------------------- Dated this the 29th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 447, 324, 326 and 34 IPC. According to prosecution, petitioners trespassed into the courtyard of the house of the injured and assaulted him with stick and dragged him to the road and again assaulted him. He became unconscious and he was left in the varandha of a shop room. On the basis of a statement given by the injurer's wife, a crime was registered against the petitioners. 3. Learned counsel for the petitioners submitted that the injured and his sister are engaged in illicit manufacture of liquor and the injured has also been creating problems in the locality. Complains were given against him by several persons. His own child was allegedly molested by him and she took shelter in some other house. That apart, prior to the incident in this case, on the same day, first petitioner was attacked by the injured after stopping the car in which he was travelling. He was hospitalised. BA No.5224/08 2 But, the police did not take any action in the matter and hence, first petitioner was forced to file a private complaint before the Magistrate Court. Though a crime was registered, no investigation is conducted into the crime also. The fact that there was an earlier attack is revealed from the First Information Statement itself. It is seen from the First Information Statement that the incident occurred as a retaliation to the attack made by the victim on the first accused. Learned counsel for the petitioners submitted that since the police is inactive on the complaint filed by the first accused, but, they are active in registering a crime against the first petitioner and others, on the basis of a complaint made by the victim's wife in this case. Hence, the petitioners reasonably believe that harm will be caused to them, if they are arrested and detained. 4. Learned public prosecutor submitted that the injured sustained fractures on his leg and hand and that the private complaint filed by petitioner was forwarded to the Aranmula police station and not to the Panthalam Police Station where this crime was registered. BA No.5224/08 3 5. On hearing both sides, I find that to prevent any probable harassment by detention at the hands of the police after the arrest of petitioners, it is only just and proper that an order is passed by imposing suitable conditions which will take care of the interests of both sides. Hence, the following order is passed: Petitioners shall surrender before the Investigating Officer within seven days from today and in the event of arrest of the petitioners, they shall be produced before the learned Magistrate concerned within 24 hours and if any bail application is filed, petitioners shall be released on bail on their executing bond for Rs.25,000/- each, with two solvent sureties each, for the like sum, to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall make themselves available for interrogation by Investigating Officer. (ii) Petitioners shall co-operate with the investigation and report before the BA No.5224/08 4 Investigating Officer as and when directed. (iii) Petitioners shall not influence or threaten any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl