IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Bail Appl..No. 711 of 2008() ---------------------------- CRIME NO.822/07 OF MANNARKAD POLICE STATION CRMP.22/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONERS/ACCUSED 2 AND 3 --------------------------------------------- 1. MOHANAN,S/O.MANU,AGED 47 YEARS HOUSE NO, 765 KAIKATTIL HOUSE KOMBODOM, PALLIPPADI, KARIMBRA I VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. AJESH, S/O. APPUKUTTAN,AGED 16 YEARS KAIKATTIL HOUSEKOMBODOM, KARIMBRA I VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. (MINOR REPRESENTED BY IST PETITIONER) BY ADV. SRI.K.P.BALAGOPAL RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANNARKAD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 711 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered, inter alia, under Section 332 r/w. 149 I.P.C. An Excise Party allegedly went to the house of the first accused to conduct a search/raid. The members of the Excise party were allegedly attacked inside the house and they were deterred from discharging their official duty. Originally four accused were shown. Now the third accused has been deleted from the array of accused and the original 4th accused has now been shown as the third accused. The first accused has already been arrested and enlarged on bail. The petitioners are accused 2 and 3. The first petitioner/A2 is the brother of the first accused and the third accused is the son of the first petitioner. Investigation is in progress. The petitioners apprehend imminent arrest. 2. According to the learned counsel for the petitioners, the petitioners are absolutely innocent. Some persons in plain B.A.No. 711 of 2008 2 clothes had come to the house of the first accused and attempted to trespass into the house and outrage the modesty of the wife of the first accused, one Radhamony. There was a consequent push and pull and it is that incident which has been exaggerated out of proportion to raise allegations under Section 332 I.P.C. against the petitioners. In fact on the complaint of the said Radhaony, a crime under Section 354 I.P.C. has later been registered before the same police station. The learned counsel for the petitioners in these circumstances prays that anticipatory bail may be granted to the petitioners. The learned counsel further submits that the third accused is a juvenile also. 3. The learned Prosecutor, after taking instructions, does not oppose the application and I am satisfied, in these circumstances, that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of the petitioners. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. In the result: (1) This application is allowed. B.A.No. 711 of 2008 3 (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 14.2.2008 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 1 p.m. on 15.2.08 and 16.2.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 14.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 14.2.2008 as directed in clause (1) above, they shall be released on B.A.No. 711 of 2008 4 bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 14.2.2008. (R. BASANT) Judge tm