IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1517 of 2008() ----------------------------- CRIME 58/08 OF MANJESHWARAM POLICE STATION PETITIONERS : ACCUSED ------------------------ 1. YASWANTH KUMAR, AGED 29 YEARS S/O.RAMACHANDRA BALLAL, RESIDING AT PAIVALIKE, PAIVALIKE VILLAGE AND POST KASARAGOD DIST. 2. RADHAKRISHNAN, AGED 28 YEARS S/O.GANGADHARAN, RESIDING AT KUTHIRAKODAL PAIVALIKE, KASARAGOD DIST. 3. BRIDON D'SOUZA, AGED 23 YEARS S/O.HENRY D'SOUZA, R/AT KALAI HOUSE, P.O.PAIVALIKE, PAIVALIKE VILLAGE AND POST KASARAGOD DIST. 4. ABDUL BASHEER, AGED 20 YEARS S/O.ABDUL RAHIMAN, RESIDING AT PAIVALIKE PAIVALIKE VILLAGE, KASARAGOD DIST. 5. RAJAGOPAL, AGED 24 YEARS S/O.RAMAKRISHNAN, RESIDING AT KUTHIRAKODAL PAIVALIKE, KASARAGOD DIST. 6. RAHIM, AGED 36 YEARS, S/O.MUHAMMED RESIDING AT PAIVALIKE HOUSE, PAIVALIKE VILLAGE AND POST, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, MANJESHWARA KASARAGOD DISTRICT., REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1517 OF 2008 B ```````````````````````````````````````````````````` Dated this the 18th day of March, 2008 O R D E R Application for anticipatory bail. Petitioners face allegations for offences punishable, inter alia, under sections 308 and 324 read with 149 IPC. The alleged incident took place on 16.2.08. FIR was registered on 17.2.08. The crux of the allegations is that on account of animosity arising from the impression entertained by the accused that the de facto complainant was responsible for furnishing the excise department information against them, the accused persons formed an unlawful assembly and unleashed an attack on the de facto complainant causing simple injuries - abrasions to him. 2. The learned counsel for the petitioners submits that even if the entire allegations were accepted, there is no necessity or justification in including the allegation under BA.1517/08 : 2 : section 308 IPC against the petitioners. The inclusion of the said section of offence is with the intention of vexing and harassing the petitioners and to ensure that they are not able to secure bail. In any view of the matter, the petitioners deserve anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. Case diary has been placed before me. My attention has been specifically drawn to the nature of injuries which are allegedly suffered by the victim. 4. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 5. 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 25.3.08. They BA.1517/08 : 3 : shall be released on regular bail on condition that they execute bonds 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 3 p.m on 26.3.08 and 27.3.08. 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 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 25.3.08, they shall be BA.1517/08 : 4 : released from custody on their executing bonds for Rs.50,000/- (Rupees fifty thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 25.3.08. (R.BASANT, JUDGE) aks