IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 660 of 2008() ---------------------------- CRIME NO. 179/07 OF POOVAR POLICE STATION PETITIONER/3RD ACCUSED --------------------------------------- SULFI, S/O.MAHEEN, E.M.S.COLONY, POOVAR, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 660 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is the third accused. Altogether there are three accused persons. The first accused has already been arrested and enlarged on bail. The alleged incident took place on 11.10.2007. The crux of the allegations against the petitioner is that he, along with two others, attacked the defacto complainant with a soda bottle. It is the case of the prosecution that there was a dispute between the third accused and the defacto complainant about the fare payable by the defacto complainant to the third accused, an autorikshaw driver. Because of the animosity arising from the said dispute, all the three accused persons allegedly went in a motor cycle and attacked the defacto complainant, who was standing by the side of the road by the relevant time. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. B.A.No. 660 of 2008 2 2. The learned counsel for the petitioner submits that the allegations are exaggerated. Only very insignificant minor injuries have been suffered by the victim. Inclusion of the allegation under Section 308 I.P.C. must convey eloquently that the proceedings against the petitioner are not initiated fairly and bonafide and the attempt is only to vex and harass the petitioner. 3. The learned Prosecutor does not oppose the application. The case diary has been placed before me for my perusal. He only submits that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. 4. Having gone through the case diary and particularly the wound certificate issued, I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, I am satisfied. 5. In the result: (1) This application is allowed. B.A.No. 660 of 2008 3 (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 11.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 12.2.2008 and 13.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer and 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse B.A.No. 660 of 2008 4 on 11.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 11.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 11.2.2008. (R. BASANT) Judge tm