IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD AUGUST 2007 / 12TH SRAVANA 1929 Bail Appl..No. 4682 of 2007() ----------------------------- CRIME NO.447/07 OF NARAKKAL POLICE STATION PETITIONERS/ACCUSED 1 TO 4 ------------------------------------------- 1. K.B.MANOJ, AGED 34 YEARS, S/O.BHUVANADAS, KODARATHIL HOUSE, NAYARAMBALAM P.O., ERNAKULAM. 2. K.P.PRAJEESH @ TUTTU, AGED 25 YEARS, S/O.PRABHAKARAN, KANNAMTHURUTHIL HOUSE, NAYARAMBALAM P.O., ERNAKULAM. 3. V.R.MADHU, AGED 26 YEARS, S/O.V.D.RAGHAVAN, VALIYAKALATHIL HOUSE, NAYARAMBALAM P.O., ERNAKULAM. 4. K.T.MOHANAN, AGED 46 YEARS, S/O.PADMANABHAN, KOTTUNGAL HOUSE, NAYARAMBALAM. BY ADV. SRI.T.N.SURESH RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. 2. S.I. OF POLICE, NARAKKAL. BY PUBLIC PROSECUTORS SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 4682 OF 2007 ------------------------------------------------- Dated this the 3rd day of August, 2007 ORDER Application for anticipatory bail. The petitioners are accused 1 to 4 in an incident which took place at about 8.45 p.m. on 15/7/07 outside the residential compound of the de facto complainant. The rival contestants have advanced different versions of the incident. Case and counter case have been registered. In both cases, allegation under Sec.324 of the IPC is raised. In the instant case, allegation is raised under Sec.452 of the IPC also. It is the case of the de facto complainant in this case that after the incident which took place outside, the accused persons again went into the house of the de facto complainant and hit the victim with a torch. 2. The learned counsel for the petitioners submits that the allegations are totally false. Fanciful false allegations are B.A. No. 4682 OF 2007 -: 2 :- being raised that a part of the incident took place inside the house. That allegation is raised solely for the purpose of vexing and harassing the petitioners. Appropriate directions may be issued under Sect.438 of the Cr.P.C. to save the petitioners of the undeserved trauma of arrest and detention in custody. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances to which a brief reference has already been made, that the petitioners can be granted anticipatory bail. A more detailed reference to the facts does not appear to be necessary. 4. 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 10/8/07. 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 11/8/07 and 12/8/07 and thereafter as and when directed by the Investigating Officer in writing to do so. B.A. No. 4682 OF 2007 -: 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 these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 10/8/07 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 10/8/07. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 4682 OF 2007 -: 4 :-