IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 305 of 2008() ---------------------------- OP.935/2007 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.935/07 OF KUNDARA POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. SHIBU, S/O RAVI, CHEMPAMKOTTU, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM. 2. SYAM RAJ, S/O KUNJUKRISHNA PILLAI, NIKITHA BHAVAN, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM. 3. VIJAYA KUMAR @ BIJU PILLAI, S/O THANKAPPAN PILLAI, RADHUA BHAVAN, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM. 4. SAJU, S/O RAJU, PANAYILMELATHIL, PUNUKKANNOOR P.O., KOLLAM. 5. RAJU, S/O KANNAN, KATTAZHIKATHUVILA VEEDU, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM. 6. RAJENDRAN, S/O KANNAN, KATTAZHIKATHUVILA VEEDU, PUNUKKANNOOR, PERUMPUZHA P.O., KOLLAM. BY ADV. SRI.K.G.RADHAKRISHNAN RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. -2- 2. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DIST. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 305 OF 2008 ------------------------------------------------- Dated this the 22nd day of January, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 6. Altogether, there are 6 accused persons. The alleged incident took place on 25/11/07. The injured/the de facto complainant, was immediately taken to the Doctor and to the Doctor it is alleged that the injuries were suffered when he was attacked with sticks. The assailants are not named in the wound certificate. Long later, on 13/12/07 the First Information Statement is lodged raising allegations against six specified persons i.e., the petitioners herein. The delay is sought to be explained with the reason that there was a talk of settlement which did not fructify. All the petitioners are named in the F.I.R. The alleged motive is some incident which had taken place about a year back. Investigation is in B.A. No. 305 OF 2008 -: 2 :- progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that convenient allegations have been raised belatedly against the petitioners. No incident, as alleged, had taken place. On account of political animosity, the petitioners are being arrayed as accused without any justification. The petitioners may, in these circumstances, be granted anticipatory bail. The wound certificate clearly shows that the de facto complainant had consumed alcohol when he was taken to the hospital after the incident, points out the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the delay in lodging the F.I.R. cannot be reckoned as a sufficient reason to warrant invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. The petitioners may be directed to surrender before the learned Magistrate and seek regular bail in the ordinary course, submits the learned Public Prosecutor. 4. I have considered all the relevant inputs. I take note of the fact that there is gross and long unexplained delay in the filing of the F.I.R. The reason urged that there was an attempted settlement does not at the moment carry conviction. The contention of the petitioners that they have been conveniently B.A. No. 305 OF 2008 -: 3 :- brought into array of the accused while there was no allegations whatsoever against them for more than 15 days after the incident does appeal to me. I am satisfied that anticipatory bail can be granted to the petitioners after safeguarding the interests of a proper investigation by imposing appropriate conditions. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C. in favour of the petitioners: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 29/1/08. They shall be released on regular bail on their executing bonds for Rs.50,000/- 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 3 p.m. on 30/1/08 and 31/1/08. During this period the Investigator shall be at liberty 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 on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, they shall so make themselves available for interrogation before B.A. No. 305 OF 2008 -: 4 :- 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 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 29/1/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.50,000/- each without any sureties undertaking to appear before the learned Magistrate on 29/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 305 OF 2008 -: 5 :-