IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 584 of 2008() ---------------------------- CRIME NO.40/08 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT PETITIONER/ACCUSED: ------------------------------------ RAHUL, VADAKKEYIL HOUSE, VALLAMKULAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SRI.T.P.PRADEEP RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 584 OF 2008 ```````````````````````````````````````````````````` Dated this the 1st day of February, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under sections 308, 323 and 506(i) read with 34 IPC. The alleged incident took place on 12.1.08. FIR was registered on the same day. The petitioner and another are named in the FIR. The crux of the allegations is that accused Nos.1 and 2, who allegedly are involved in illicit transportation of sand, with deliberate intention to cause injury to the de facto complainant, who was proceeding on his scooter, knocked him down and sped away in an autorikshaw. The de facto complainant allegedly got up and chased the autorikshaw. The chase continued for sometime. At a certain spot, accused Nos.1 and 2, along with some others, who reached the scene, had allegedly attempted to attack the de facto complainant. Investigation is in progress. The petitioner apprehends imminent arrest. BA.584/08 : 2 : 2. The learned Public Prosecutor points out that the victim has not suffered any injury except the allegation of pain. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 8.2.2008. He shall be released 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. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m. BA.584/08 : 3 : and 3 p.m on 11.2.2008 and 12.2.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, he shall so appear 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. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 8.2.2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 8.2.2008. (R.BASANT, JUDGE) aks