IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7672 of 2007() ----------------------------- CRIME NO.368/07 OF CHALISSERY POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. AYISHAKUTTI, W/O.ABDUREHIMAN. 2. SAFIA MOHAMMED, W/O.MOHAMMED. 3. MISSIRYA. ALL ARE RESIDING AT INCHEERI VALAPPIL, POST CHAZHIYATTIRI, PERINGODE, KARUKAPUTHUR, OTTAPPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.H.O. CHALISSERY POST STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7672 of 2007 ---------------------------------------- Dated this the 2nd day of January 2008 O R D E R Application for anticipatory bail. The petitioners, three women (accused 1 to 3) face allegations in a crime registered under Section 326 read with 34 I.P.C. There was a dispute regarding a pathway on 26/11/2007. The petitioners had allegedly attacked the victim with a wooden stick (seemakonna vadi). 2. The learned counsel for the petitioners submits that the allegations are totally false. Because of the dispute regarding the pathway, false and vexatious allegations are being raised. In any view of the matter, the weapon used cannot be said to be dangerous weapon as to attract punishment under Section 326 I.P.C. Injury suffered is also an insignificant one - alleged dislocation of the finger joint. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. B.A.No.7672/07 2 i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 09/01/2008. 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 3 p.m on 10/01/2008 and 11/01/2008 and thereafter 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 these directions were not issued at all. (iv) If they were arrested prior to 09/01/2008, 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 09/01/2008. (R.BASANT, JUDGE) jsr B.A.No.7672/07 3 B.A.No.7672/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007