IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 730 of 2008() ---------------------------- CRIME NO. 684/07 OF CHATHANNOOR POLICE STATION PETITIONERS : ACCUSED NO.1 & 2 --------------------------------- 1. BENNY, S/O.BAINS KURAKOTTU VADAKKEKAM VEEDU MEEYANNOOR P.O., KOLLAM. 2. ANEESH @ ANI, S/O.ACHAN KUNJU ANEESH BHAVAN, VILAVOORKKONAM KODAKKAYAM, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THE CHATHANNOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 730 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. They face allegations in a crime registered alleging the offence punishable, inter alia, under Section 308 I.P.C. The alleged incident took place on 25.12.2007. On account of personal prior animosity the petitioners had allegedly attacked the defacto complainant with an iron rod. He had suffered injuries. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The police is acting at the behest of the defacto complainant without any objectivity. The fact that the allegation under Section 308 I.P.C. has been included in the nature of the factual allegations raised must convey eloquently that the purpose of the complainant, who is obliged by the police, is only to vex and harass the petitioners. B.A.No. 730 of 2008 2 They do not deserve to endure the trauma of arrest and detention. They may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor has taken me through the nature of the allegations as also the nature of injuries which are described in the wound certificate. The learned Prosecutor does not oppose the application. 4. I have taken note of the allegations and the injuries suffered by the defactocomplainant. I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 27.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds B.A.No. 730 of 2008 3 for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 28.2.08 and 29.2.2008 and thereafter between 10 and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 27.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 27.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 27.2.2008. (R. BASANT) tm Judge B.A.No. 730 of 2008 4