IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1551 of 2008() ----------------------------- CRIME 64/08 OF TALIPARAMBA POLICE STATION PETITIONERS/ACCUSED NO.6,7 & 8 ----------------------------------------------- 1. IQBAL P., S/O. MAJEED, AGED 34 YEARS, CHAPPARAPPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. MUHAMMED AJEER @ AJEER, S/O. SULAIMAN, AGED 25 YEARS, CHAPPARAPPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. SHAHUL HAMEED, S/O. M.E.MAMMU, AGED 21 YEARS, CHAPPARAPPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, (CR.NO.64/08 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1551 OF 2008 F ```````````````````````````````````````````````````` Dated this the 12th day of March, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 to 3. They face allegations in a crime registered alleging offences punishable, inter alia, under section 308 read with 149 IPC. That is the only non-bailable offence alleged. The petitioners belong to the IUML. The allegation is that they attacked CPI(M) workers, who were proceeding on a jeep. No one has suffered injuries but as a result of stone throwing, the driver of the jeep lost control of the vehicle which allegedly went sideways from the road. There was a possibility that the vehicle may have overturned in which event the victims may have suffered serious and graver injuries which may have led to their death. The incident took place on 21.1.08. The petitioners apprehend imminent arrest. BA.1551/08 : 2 : 2. The learned counsel for the petitioners submits that the allegations are raised vexatiously only because of the political clout of the de facto complainant, who belongs to the CPI(M). It is submitted that there is no worthwhile allegation to attract the offence under section 308 IPC. 3. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of the case, that the petitioners can be granted anticipatory bail subject to 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 petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 18.3.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five 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 BA.1551/08 : 3 : interrogation before the investigating officer between 10 a.m and 1 p.m on 19.3.08. Thereafter, 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 18.3.08, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 18.3.08. (R.BASANT, JUDGE) aks