IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 1947 of 2008() ----------------------------- ( CRIME NO. 138/2008 OF KODUNGALLUR POLICE STATION) PETITIONER/ 3RD ACCUSED : ------------------------------------------------ DHANESH, AGED 24 YEARS, S/O.DHARMAN, VALLAMPARAMBATH PANICKASSERY HOUSE, P.O.ERIYAD, ERIYAD VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS/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 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1947 OF 2008 C ```````````````````````````````````````````````````` Dated this the 11th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the 3rd accused. He, along with the co-accused faces allegations in a crime registered alleging offences punishable, inter alia, under section 307 read with 149 IPC. The petitioners belong to the BJP and the alleged victim belongs to the DYFI. There is a case and counter case. There are four injured in this case. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Allegation under section 307 is raised against the petitioner without any justification. Injuries suffered do not support section 307 IPC, it is submitted. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail. Injuries suffered have been BA.1947/08 : 2 : brought to my notice. It is seen that no external injuries are suffered by the victim, who was allegedly assaulted by the petitioner. In these circumstances, I am satisfied that anticipatory bail can be granted to the petitioner now. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 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 21.4.2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five 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 5 p.m on 22.4.2008 and 23.4.2008. During this period, the investigating officer shall be at liberty to interrogate the BA.1947/08 : 3 : petitioners 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 one month 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 21.4.2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21.4.2008. (R.BASANT, JUDGE) aks