IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 51 of 2008() --------------------------- CRIME NO.174/2007 OF AMBALATHARA POLICE STATION : PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. PHILIP ANTONY @ BABY, S/O.ANTONY, ATTAKKANDAM, KINATTADY, P.O.KALICHANADAKKAM, THAYANNUR. 2. ANTONY @ SABU, S/O.ANTONY, ATTAKKANDAM, KINATTADY, P.O.KALICHANADUKKAM, THAYANNUR. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.51 of 2008 ---------------------------------------- Dated this the 14th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. Altogether there are two accused persons. The alleged incident took place on 28/12/2007. According to the de facto complainant, there was an incident between the petitioners on the one hand and the autorickshaw driver on the other. Hearing the commotion, the de facto complainant and his relatives had gone to the road in front and had tried to patch up the differences between the petitioners and the autorickshaw driver. Dissatisfied with the intervention of the de facto complainant and his relatives in that dispute, later the petitioners are alleged to have trespassed into the house of the de facto complainant. They are alleged to have outraged the modesty of the sister of the de facto complainant. No injuries have been suffered by any one of the victims. The crucial allegation is of indecent assault against the sister of the de facto complainant and of trespass into the house of the de facto complainant. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. B.A.No.51/08 2 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The allegations are raised vexatiously and without any basis. In fact, the de facto complainant had assaulted the petitioner in the incident which took place in front of his house on the road. The petitioners had suffered injuries. To cover up that, false and vexatious allegations of a subsequent event have been made with vexatious intent. The petitioners may, at any rate, be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application, after verifying the records and satisfying himself that the petitioners had suffered some injuries in the incident which took place, though such injuries are not serious or grievous. The de facto complainant and the alleged victim in this case have not also suffered any grievous injuries. The learned Public Prosecutor in these circumstances, submits that subject to appropriate conditions, anticipatory bail can be granted to the petitioners. In the absence of opposition by the learned Public Prosecutor, it is not necessary for me to advert to facts in greater detail in this order. B.A.No.51/08 3 4. 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 21/01/2008. They shall be released 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. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 22/01/2008 and 23/01/2008. 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 on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.51/08 4 (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 21/01/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21/01/2008. (R.BASANT, JUDGE) jsr B.A.No.51/08 5 B.A.No.51/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007