IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 341 of 2008() ---------------------------- CRIME NO.592/07 OF MAVELIKKARA POLICE STATION : PETITIONERS/ACCUSED NO. 1 TO 6 ----------------------------------------------- 1. JITHIN, S/O.VIJAYAMMA, AGED 21 YEARS, KUMBALATH PUTHEN PURAYIL, EREZHA SOUTH, CHETTIKULANGARA P.O., ALAPPUZHA DISTRICT-690 106. 2. GIREESH KUMAR.M., AGED 20 YEARS, S/O.MURALEEDHARAN PILLAI, MURALI BHAVANAM, EEREZHA NORTH, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 3. SUGESH.S., AGED 24 YEARS, S/O.SUGATHAN.P.G., NED BUILDING, KAITHAVADAKKU, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 4. RAJESH, S/O.PADMANABHAN, PADMAVILASAM, KANNAMANGALAM THEKKU, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 5. SUBINKUMAR.S., AGED 20 YEARS, S/O.SASIKUMAR, CHEMBOLIL THEKKETHIL, KAITHAVADAKKU, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 6. AJITH.B., AGED 20 YEARS, S/O.USHA, USHANILAYAM, KAITHAVADAKKU, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS: COMPLAINANT/STATE ------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.341 of 2008 ------------------------------------- Dated this the 22nd day of January, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 to 6. Altogether there are 6 accused. Petitioners do all belong to the B.J.P. The victim - there is one injured person, belongs to the C.P.M. The petitioners allegedly raised objections against the victim entering a temple. He was assaulted with dangerous weapons - Dandu and Idikkattas. Simple injuries - laceration and contusions were suffered by the victim. Crime has been registered alleging commission of the offence punishable under Section 308 I.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The incident did not at all take place in the manner alleged by the police and the defacto complainant. The defacto complainant belongs to the C.P.M and wields much political clout. The petitioners belong to the B.J.P. Making use of the Governmental machinery, false and vexatious allegations are being raised against the petitioners. The inclusion of the offence under Section 308 I.P.C must eloquently convey B.A.No.341 of 2008 2 that the purpose is only to vex and harass the petitioners. Inconsequential minor injuries have been suffered and exaggerated allegations are being raised against the petitioners. This is an eminently fit case where direction under Section 438 Cr.P.C can and ought to be issued in favour of the petitioners, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. But called upon to explain how the allegation under Section 308 I.P.C can be justified in the facts and circumstances of the case, the learned Public Prosecutor only submits that the nature of the weapons used may be taken into consideration and not the precise injuries that have resulted on account of the alleged assault. 4. I have considered all the relevant inputs. The relevant details from the case diary have been read over to me. Having considered all the relevant inputs, I am persuaded to agree with the learned counsel for the petitioners that this is a fit case where direction under Section 438 Cr.P.C, subject of course to appropriate conditions, can be issued in favour of the petitioners. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. B.A.No.341 of 2008 3 i) The petitioners shall appear before the learned Magistrate at 11 a.m on 29.01.08. They shall be enlarged on regular bail on their executing a bond 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 5 p.m on 30.01.08 and 31.01.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and subsequently 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 29.01.08 as directed in clause (1) above, they shall be B.A.No.341 of 2008 4 released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each without any sureties undertaking to appear before the learned Magistrate on 29.01.08. (R.BASANT, JUDGE) rtr/-