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. 1365 of 2008() ----------------------------------------- (CRIME NO.411/07 OF NOORNADU POLICE STATION) PETITIONER/1ST ACCUSED: ---------------------------------------- VINOD, AGED 25 YEARS, VINOD BHAVANAM, NADUVILE MURI, CHUNNAKKARA, ALAPPUZHA. BY ADV. SMT.A.SALINI LAL RESPONDENT: RESPONDENT: --------------------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, REPRESENTING S.H.O. NOORNADU POLICE STATION, ALAPPUZHA DISTRICT. 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.1365 of 2008 ---------------------------------------- Dated this the 6th day of March 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. He faces allegations in a crime registered alleging offences punishable inter alia under Section 308 read with 34 I.P.C. There are two injured persons. The de facto complainant is a police constable. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. False and vexatious allegations are being raised against the petitioner. Inclusion of the allegation under Section 308 I.P.C is totally unjustified. Such allegation has been incorporated only to ensure that the petitioner continues in custody for as long a period as possible. Directions under Section 438 Cr.P.C may in these circumstances be issued, it is prayed. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail. The nature of the wounds described in the wound certificate has been read over to me. I am persuaded to agree that directions under Section 438 Cr.P.C can be issued in favour of the petitioner. B.A.No.1365/08 2 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 12/03/2008. 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 and 3 p.m on 14/03/2008 and 15/03/2008. 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 the petitioner 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 B.A.No.1365/08 3 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 12/03/2008, 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 12/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1365/08 4 B.A.No.1365/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007