IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2277 of 2008() ----------------------------- CRIME NO. 211/07 OF VADANAPPILLY POLICE STATION .................... PETITIONERS ----------------- 1. SILJEESH, S/O.SUDHAN, C/O.PALLATH SATHI PALLATH HOUSE, VADANAPPILLY VILLAGE AND DESOM THRISSUR DISTRICT. 2. SILBEESH, S/O. DO. C/O. DO. RESIDING AT DO. DO. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKLAM. 2. THE S.I. OF POLICE VADANAPPILLY POLICE STATION, VADANAPPILLY THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2277 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. Three named accused as well as 4 to 5 others figure as accused in the F.I.R. registered, inter alia, under Section 308 r/w. 149 I.P.C. The incident occurred as a sequel to certain disputes that occurred in the cricket ground. Iron rods and swords are the weapons allegedly used. The incident took place on 14.5.2007. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances, that anticipatory bail can be granted to the petitioners, subject to appropriate terms and conditions. I take note of the submission of the learned counsel for the petitioners that there is no element of the offence under Section 308 I.P.C. to justify such an allegation being raised against the petitioners. The wound certificate has been read over to me by the learned Prosecutor. B.A.No. 2277 of 2008 2 3. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 21.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds 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 5 p.m. on 22.4.2008 and 23.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 2277 of 2008 3 (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 21.4.08 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 21.4.2008 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 21.4.2008. (R. BASANT) Judge tm