IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1846 of 2008() ----------------------------- CRIME NO.68/08 OF THIRUVALLAM POLICE STATION PETITIONERS : ----------------- 1. MANIKANTAN S., AGED 36, S/O.SREEKANTAN MENILAM, KODITHOOKKIKUNNUVILA VEEDU THIRUVALLAM. 2. SHIBU, AGED 36, S/O.DEVAKARAN MENILAM, KODITHOOKKIKUNNUVILA VEEDU THIRUVALLAM. 3. VIJAYAN, AGED 31, S/O.SOMAN, MENILAM CHEMMANIVILA VEEDU, THIRUVALLAM. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB-INSPECTOR OF POLICE THIRUVALLAM POLICE STATION THIRUVANANTHAPURAM DISTRICT. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1846 of 2008 ------------------------------------------------- Dated this the 1st day of April, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 3. Altogether, there are 5 accused persons. All of them are named in the F.I.R. The alleged incident took place on 7/3/08 at about 6.30 p.m. The alleged motive is an incident which had taken place two months prior to the occurrence in which the de facto complainant had attacked the 1st accused. Cricket stumps are the weapons allegedly used. Multiple contusion is the injury suffered. 2. The learned Public Prosecutor, after perusing the wound certificate, submits that no better or more serious injury is seen suffered by the victim. There is only one injured person i.e., the de facto complainant. 3. The learned counsel for the petitioners prays, learned B.A. No. 1846 of 2008 -: 2 :- Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioners subject to appropriate terms and conditions. In coming to this conclusion, I take note of the submission of the learned counsel for the petitioners that the inclusion of the allegation under Sec.308 of the IPC is not justified. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 8/4/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- 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 3 p.m. on 9/4/08 and 10/4/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, B.A. No. 1846 of 2008 -: 3 :- they shall so make themselves available for interrogation before the Investigating Officer 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 the petitioners were arrested prior to their surrender on 8/4/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 8.4.08. (R. BASANT, JUDGE) Nan/