IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1215 of 2008() ----------------------------------------- (CRIME NO.63/2008 OF BEKAL POLICE STATION,KASARGOD DISTRICT) PETITIONERS/ACCUSED NOS.1-6: --------------------------------------------------- 1. SURESH, S/O.DAMODARAN, CHAPPACKAL HOUSE, PAKAM P.O. 2. HARI @ HARISH, S/O.BHASKARAN, POOCHAKKAD, P.O.KEEKAN. 3. SUDHAKARAN, S/O.DASAN, KIZHAKKEKARA, P.O.KEEKAN. 4. SURESH, S/O.KUMBA, KIZHAKKEKARA, P.O.KEEKAN. 5. SURA, S/O.KARICHI, KIZHAKKEKARA, P.O.KEEKAN. 6. K.P.BALAKRISHNAN, S/O.KALYANI, KALATHINGAL, P.O.KEEKAN. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENT: ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- B.A.No.1215 of 2008 ---------------------------------------- Dated this the 6th day of March 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 6. They face allegations in a crime registered under Sections 308 and 324 read with 149 I.P.C. The petitioners are allegedly persons who owe allegiance to the B.J.P and the Congress. The victim is a person belonging to the D.Y.F.I. Iron rods etc. were allegedly used for the infliction of the injuries. The incident took place on 29/1/2008. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They may now be granted anticipatory bail. The allegation under Section 308 I.P.C has been included without any bona fides and with the transparent intention of vexing and harassing the petitioners, it is submitted. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor has read over to me the nature of injuries described in the wound certificate. The injuries appear to me to be very simple and not serious injuries. Considering the totality of the facts and circumstances of this B.A.No.1215/08 2 case, I am satisfied that the petitioners can be granted anticipatory bail. Appropriate conditions can of course be imposed. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 12/03/2008. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty thousand only) 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 12 noon on 13/03/2008 and 14/03/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between B.A.No.1215/08 3 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (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 they were arrested prior to 12/03/2008, they shall be released from custody on their executing a bond for Rs.50,000/-(Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 12/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1215/08 4 B.A.No.1215/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007