IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Bail Appl..No. 5013 of 2008() ----------------------------- CRIME NO.173/07 OF MANJESWAR POLICE STATION PETITIONERS ----------------- 1. MUHAMMED SHEREEF @KASAI SHEREEF, S/O.YOUSUF, 28 YEARS, TAHIRA MANZIL, HIDAYATH NAGAR, PO.UPPALA. 2. NISSAR ALIAS ABDUL RAHIMAN, 19 YEARS S/O.ABOOBACKER, AYSHA GOLDEN MAHAL HIDAYATH NAGAR, PO.UPPALA 3. MUHAMMED MUSTHAQ @ MUSTHAQ 24 YEARS, S/O.B.M.IBRAHIM ZAHIR MANZIL, MANNAMKUZHI, PO.UPPALA. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: ------------- 1. STATE-REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CRIME NO.173/2007 OF MANJESHWAR POLICE STATION, KASARAGOD. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 5013 of 2008 ----------------------------------------------- Dated this the 11th day of August, 2008. ORDER Petition for anticipatory bail. 2. Petitioners are accused in Crime no.173 of 2007 of Manjeswar Police Station. The alleged offences are under Sections 143, 147, 341, 353 read with 149 IPC and 3(1) of PDPP Act. They are accused nos.5, 6 and 7 in the said crime. 3. Learned counsel for the petitioner submitted that the petitioners are absolutely innocent of the allegations made. They did not have the intention to commit any offence. But crime was registered under peculiar circumstances which were considered by th0is in an anticipatory bail application filed by co-accused nos.1 to 3 in the same crime, as per order dated 14.8.2007 in B.A.No.4766/07. After hearing both sides in detail and considering the rival contentions, another Bench of this Court observed as follows: “After detailed discussions at the Bar, the learned Public Prosecutor fairly does not oppose the application for anticipatory bail. The learned Public Prosecutor only submits that appropriate conditions may be imposed for a fair, efficient and expeditious investigation. I shall restrain myself. I [B.A.No.5013/08] 2 shall not make comments about the conducts of the police in registering crime nos. 173 and 174 of 2007. I shall not comment on the criticism of the learned counsel for the petitioners that the superior officials of the police have unshamely attempted to support the two police constables who had misbehaved to the second to the second petitioner's wife and the petitioners. Suffice it to say that I am satisfied that the petitioners do serve to be granted anticipatory bail. Appropriate conditions can of course be imposed.” 4. On hearing both sides, I am satisfied that same relief has to be granted to the petitioners as well. Learned Public Prosecutor submitted that the petitioners were shown as absconding and charge-sheet has already been laid and non- bailable warrant has been issued by the court against the petitioners. Learned counsel for the petitioners submitted that the petitioners were not even informed about the crime. They did not get any summons from the court below but they are shown as absconding accused with a deliberate motive. Even now, they do not know the rank of the accused. 5. So, it is clear that, though non-bailable warrant was issued against the petitioners, it happened to be so issued because they were shown as absconding accused. They apprehend arrest in the case on an accusation of having committed a non-bailable offence [B.A.No.5013/08] 3 and who absconded during investigation. Considering the circumstances under which the crime was registered and the charge-sheet was laid and also the fact that had they known they were accused in this case, they would have normally applied for anticipatory bail and granted also in their favour, in all probabilities, I find that anticipatory bail can be granted to the petitioners who happened to be shown as absconding accused at the time of filing the charge-sheet. Hence, the following order is passed: Petitioners shall surrender before the Magistrate court concerned within 7 days from today and if any bail application is filed they shall be released on bail on their executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Petition is allowed. K. HEMA, JUDGE. Krs.