IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1018 of 2008 ------------------------------------- (CRIME NO. 16/2008 OF KOTTAYI POLICE STATION, PALAKKAD DIST.) PETITIONERS/ACCUSED ------------------------------------ 1. MANOJ, S/O. RADHAKRISHNAN, AGED 32 YRS, THEKKEKARA HOUSE, KOTTAYI, ALATHUR TALUK, PALAKKAD DISTRICT. 2. MAHESH, S/O. RADHAKRISHNAN, AGED 29 YEARS, RESIDING AT -DO- -DO- 3. MAJEESH, S/O. RADHAKRISHNAN, AGED 25 YEARS, RESIDING AT -DO- -DO- BY ADV. SRI.JOHNSON P.JOHN RESPONDENTS ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTAYI POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1018 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. They are named in the F.I.R. About an incident which took place on 20.1.2008 at about 4.30 p.m. allegations and counter allegations are raised by the rival contestants. Crime under Section 308 I.P.C. has been registered against the petitioners, whereas as against the defacto complainant and his co-accused, crime has been registered only under Section 324 I.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. Allegation under Section 308 I.P.C. has been included only with vexatious intent. There is absolutely no justification in including the said allegation in the crime. The learned counsel for the petitioners submits that the petitioners are really the victims of aggression and not the aggressors. In any B.A.No. 1018 of 2008 2 view of the matter, anticipatory bail may be granted to them to save them from the trauma of arrest and detention. 3. Notice was given. The learned Prosecutor confirms that a counter case has also been registered. In these circumstances the learned Prosecutor does not oppose the application. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners, it is submitted. 4. I am satisfied that the petitioners can be granted anticipatory bail, subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 12.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds B.A.No. 1018 of 2008 3 for Rs.50,000/- (Rupees fifty 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 13.3.08 and 14.3.2008. 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 on all Mondays and Fridays 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. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 12.3.2008 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 12.3.2008 as directed in clause (1) above, they shall be released on B.A.No. 1018 of 2008 4 bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 12.3.2008. (R. BASANT) Judge tm