IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1858 of 2008() ----------------------------- CRIME NO.293/08 OF KODUNGALLUR POLICE STATION PETITIONERS : ACCUSED ------------------------ 1. ASHI,S/O.HAMEED VALATHUPPADY, CHAPPARA, PULLOOT, KODUNGALLUR. 2. SABU,S/O.SHAMSUDEEN, MUDAVANKATTIL HOUSE, PULLOOT PO,KODUNGALLUR. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1858 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 and 2. Altogether there are only 2 accused persons. They face allegations in a crime registered alleging offences punishable, inter alia, under Sections 324 and 308 r/w 34 I.P.C. The alleged incident took place on 09.03.08. There is a counter case also registered in respect of the same incident, submits the learned counsel for the petitioners. Political animosity is the alleged motive. The victim belongs to the B.J.P. The petitioners belongs to the C.P.I. Idikkatta is the weapon allegedly used for commission of the offence. The nature of injuries is read over to me by the learned Public Prosecutor. They are simple injuries - 2 abrasions. 2. The learned counsel for the petitioners submits that the allegation under Section 308 I.P.C has been vexatiously raised against the petitioners merely because it is a political clash between two groups. There is absolutely no justification in including the allegation under Section 308 I.P.C. The petitioners may, in these circumstances, be granted anticipatory bail all other offences alleged being bailable offences, it is prayed. B.A.No.1858 of 2008 2 3. The learned Public Prosecutor does not oppose the application and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 02.04.08. They shall be enlarged on regular bail on their executing a bond 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; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 4 p.m on 03.04.08 and 04.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.1858 of 2008 3 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 02.04.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 02.04.08. (R.BASANT, JUDGE) rtr/-