IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 236 of 2008() ---------------------------- CRIME NO. 932/07 OF NEDUMANGAD POLICE STATION CMP.7738/2007 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER/2ND ACCUSED --------------------------------------- SYAM MOHAN, AGED 19 YEARS, S/O. JAYALEKSHMI, KARALATHU VEEDU, SREENIVASAPURAM P.O., VARKALA, THIRUVANANTHAPURAM DIST. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NEDUMANGADU POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 236 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner, a young man, aged about 19 years, faces allegations in a crime registered for offences punishable under Sections 452 and 326 I.P.C. Altogether there are two accused persons. The learned Prosecutor promptly submits that allegation under Section 326 I.P.C. does not survive. The said section of offence has been deleted and the petitioner now faces allegation only under Section 325 I.P.C. Of course there is the allegation under Section 452 I.P.C. also. 2. The crux of the allegations is that the accused persons, who are children of two sisters, had attacked the defacto complainant, who is the husband of the third sister of their mothers. There was a matrimonial dispute between the said sister and her husband. The alleged incident took place in the residential building of the said sister. Biting on the ear is the offence alleged. The incident took place on 29.12.2007. B.A.No. 236 of 2008 2 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and 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. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 23.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 24.1.08 B.A.No. 236 of 2008 3 and 25.1.2008 and thereafter 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 on 23.1.08 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 23.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 23.1.2008. (R. BASANT) Judge tm