IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 1711 of 2008() ----------------------------- CRMP.667/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.153/08 OF THE KOLLAM EAST POLICE STATION .................... PETITIONER/ACCUSED 1 & 2 ----------------------------------------- 1. JOSEPH, AGED 34, S/O. SEBASTIAN, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. 2. SOLOMON HENRY, AGED 32, S/O. HENRY, LAKSHMIPURAM THOPPU, THANNI, MAYYANADU, KOLLAM. BY ADV. SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1711 of 2008 ------------------------------------------------- Dated this the 4th day of April, 2008 ORDER Application for anticipatory bail. The petitioners are accused in a crime registered alleging offences punishable, inter alia, under Sec.452 read with Sec.149 of the IPC. The petitioners, along with some others, had come to this Court earlier seeking anticipatory bail. At that stage, they apprehended arrest in Crime No.102/08 of the Kottiyam Police Station. The petitioners herein as also the other petitioners in that application were granted anticipatory bail by order dated 26/2/08 in B.A.No.989/08. The crux of the allegations in that crime is that the parties, who were at loggerheads, were involved in an incident which took place in the Church earlier in that morning. The de facto complainant and one of the accused had an altercation in the Church. Because of such B.A. No. 1711 of 2008 -: 2 :- animosity, all the accused persons allegedly trespassed into the house of the de facto complainant and indulged in wanton acts of mischief and violence. It is in that crime that anticipatory bail was granted earlier. 2. The petitioners have come to this Court alleging that on the very same night on the same allegations another crime has been registered at the Kollam East Police Station and attempts are being made to arrest the petitioners again by the Kollam police. 3. The learned Public Prosecutor took time to take instructions. The learned Public Prosecutor now submits that it is not correct to say that the apprehended arrest is in respect of the same crime. It is a different incident altogether and is a different crime. It is incorrect to say that both crimes relate to the same incident. In the present crime the allegation is that the accused persons trespassed into another house – of course, in continuation of the incident in the earlier crime. It is, in these circumstances, submitted that the contention that both crimes relate to the same incident is not correct. However, the learned Public Prosecutor submits that the State has no objection in granting anticipatory bail to the petitioners subject to the identical conditions as were imposed on the petitioners in the B.A. No. 1711 of 2008 -: 3 :- earlier order dated 26/2/08. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioners can be granted anticipatory bail subject to identical conditions. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. 5. 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 11/4/08. 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 3 p.m. on 15/4/08 and 16/4/08. During this period the Investigator 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 as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do not appear before the learned B.A. No. 1711 of 2008 -: 4 :- 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 11/4/08 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 11/4/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge