IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH JULY 2007 / 13TH ASHADHA 1929 Bail Appl..No. 3866 of 2007() ----------------------------- CRIME NO.,175/07 OF VALAPPAD POLICE STATION .................... PETITIONERS ---------------------------- 1. SIVAN, S/O SHIVARAMAN, KARIPARAMBIL HOUSE, THALIKULAM VILLAGE,DESOM, THRISSUR. 2. BAIJU, S/O ASOKAN, PEROTH HOUSE, P.O.THALIKULAM. 3. SUDHEER, S/O HAMZA, VALIYAKATH HOUSE, POST THALIKULAM, THRISSUR. 4. JOBY, S/O THOMAS, PADAMADAN HOUSE, P.O.THALIKULAM. 5. JOHNSON, S/O THOMAS, -DO- -DO- 6. SAJEEVAN, S/O ASOKAN, PEROTH HOUSE, P.O.THALIKULAM. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A.NO. 3866 OF 2007 ------------------------------------------------- Dated this the 4th day of July, 2007 ORDER Application for anticipatory bail. The petitioners are accused 1 to 6. They face allegations, inter alia, under Secs.324 and 308 read with Sec.149 of the IPC. Admittedly, there is a counter case and the allegation raised in the counter case is under Sec.326 of the IPC. The alleged incident took place on 14/5/07. It is the case of the petitioners that they were victims of aggression and not the aggressors. With vexatious intent the allegation under Sec.308 of the IPC has been included with the intention of ensuring denial of bail to the petitioners for as long a period as possible. The aggressors had come in motor-cycles and when they were attempting to speed away from the scene of the occurrence, one of the motor-cyclists had fallen and the injury has been suffered by B.A.NO. 3866 OF 2007 -: 2 :- the victim, it is contended. 2. The learned Public Prosecutor concedes that there is a counter case and the allegation in the counter case is under Sec.326 of the IPC. Why is the allegation under Sec.308 of the IPC raised? The only submission is that the aggressors had aimed at the head of the victim and since the head was missed, the injury was suffered on the shoulder. 3. I find merit in the contention of the learned counsel for the petitioner. I am satisfied that subject to appropriate conditions directions under Sec.438 of the Cr.P.C. can be issued in favour of the petitioners. 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 11/7/07. 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 1 p.m. on 12/7/07 and 13/7/07 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three B.A.NO. 3866 OF 2007 -: 3 :- months. Thereafter, they shall so make themselves available for interrogation 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 thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 11/7/07 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 11/7/07. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge