IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7948 of 2007() ----------------------------- CRIME 161/07 OF MARAYOOR POLICE STATION PETITIONER : ACCUSED: ------------------------- RAVI, S/O.KUTTAPPAN, AMBIYIL HOUSE, ATTUKAD KARA, PALLIVASAL VILLAGE, IDUKKI. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, MARAYOOR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7948 OF 2007 C ```````````````````````````````````````````````````` Dated this the 2nd day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the sole accused. He faces allegations in a crime registered under Section 308 IPC. The petitioner had allegedly attacked the victim with a wooden stick. The same was available at the scene of the crime after the incident. It has already been recovered. The victim has suffered injuries - a lacerated injury on the head as also some other abrasions. The alleged incident took place on 17.11.07. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegation under Section 308 IPC has been included with transperant ulterior motives. The inclusion of Section 308 IPC reveals the prejudice of the investigating officers, it is submitted. 3. The learned Public Prosecutor does not oppose the BA.7948/07 : 2 : application. The wound certificate was read over to me. I am satisfied that the petitioner can now be granted anticipatory bail subject to appropriate 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 petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 9.1.2008. 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 3 p.m on 10.1.08 and 11.1.08 and thereafter 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. BA.7948/07 : 3 : (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 9.1.08, 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 9.1.08. (R.BASANT, JUDGE) aks