IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1944 of 2008() ----------------------------- CRIME NO.76 OF 2008 OF VATTIYOORKAVU POLICE STATION .................... PETITIONER : ACCUSED ----------------- SAJEEV KUMAR, S/O.SREEDHARAN, SAJEEV SADANAM, OTTAVILA, KODUNGANOOR, VATTIYOORKAVU,THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR 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 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1944 of 2008 ------------------------------------- Dated this the 31st day of March, 2008 ORDER Application for anticipatory bail. Petitioner is the sole accused in a crime, which was initially registered, inter alia, under Section 308 I.P.C and under Section 27 of the Arms Act. The alleged incident took place on 19.02.08. The crime was registered long later on 26.02.08. Attack with a sword was the allegation initially raised. The victim has suffered no injury whatsoever. Later when the defacto complainant was questioned, he altered his version and stated that only a knife and no sword was used. Accordingly the allegation under Section 27 of the Arms Act has been withdrawn. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The only non bailable offence now surviving is the one punishable under Section 308 I.P.C. No injury whatsoever has been suffered by the defacto complainant. Major variation in the version of the complainant is admittedly there according to the prosecution. The learned Public Prosecutor does not oppose the prayer for anticipatory bail and I am satisfied, in these circumstances, that the prayer for anticipatory bail of the petitioner can be accepted. B.A.No.1944 of 2008 2 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 07.04.2008. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 08.04.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officerbetween 10 a.m and 3 p.m on all Mondays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does 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 petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 07.04.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 07.04.08. (R.BASANT, JUDGE) rtr/- B.A.No.1944 of 2008 3