IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 998 of 2008() ---------------------------- CRIME 45/08 OF PARASSALA POLICE STATION .................... PETITIONERS/ ACCUSED 1 TO 4: -------------------------------- 1. VIJAYAN, S/O.MANIYAN, JISHA BHAVAN, MULAKU POTTA, UDIYANKULANGARA, AMARAVILA P.O. 2. VIJU @ BIJU, S/O.KUTTAPPAN, VATTAPARAMB, PUTHUKULANGARA, UDIYANKULANGARA, AMARAVIALA P.O. 3. AJIKUMAR, S/O.JOHNSON, PLANKALA VEEDU, CHENKAL, CHENKAL P.O. 4. VINOD @ SUNILKUMAR, S/O.SUKUMARAN, THOTTARIKATHU VEEDU, MELAMMAKOM, MARIYAPURAM P.O., CHENKAL VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON 20/02/2008 PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 998 OF 2008 ```````````````````````````````````````````````````` Dated this the 20th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 to 4. They face allegations in a crime registered for offences punishable, inter alia, under section 379 IPC. All the other alleged offences are bailable. The alleged incident occurred on 19.1.08. About an incident which happened on 19.1.08, allegations and counter allegations are now raised. According to the petitioners, the accused persons are all registered head load workers under law who are entitled to work in the area. The de facto complainant, a licensed contractor, in violation of his obligation to employ the petitioners, had attempted to get the work done and this led to disagreements, quarrels and altercations. Petitioners have also suffered injuries. The de facto complainant, using his clout with the police, has ensured that the crime raising BA.998/08 : 2 : untenable allegations is registered against the petitioners. Improbable allegations of theft of gold chain is raised against the petitioners. In any view of the matter, the petitioners may be granted anticipatory bail and saved of the trauma of undeserved arrest and detention. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. In the facts and circumstances of the case, I am satisfied that the petitioners can be granted anticipatory bail. In the absence of the opposition of the learned Public Prosecutor, it is not necessary to advert to the facts in any greater detail in this order. 3. 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 27.2.08. They shall be released on regular bail on condition that they BA.998/08 : 3 : execute bonds 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 3 p.m on 28.2.08 and 29.2.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently , 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. BA.998/08 : 4 : (iv) If they were arrested prior to 27.2.08, they shall be released from custody on their executing bonds for Rs.50,000/- (Rupees fifty thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 27.2.08. (R.BASANT, JUDGE) aks