IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2214 of 2008() ----------------------------- CRIME 160/08 OF BAKEL POLICE STATION PETITIONERS ---------------------------- 1. ISMAIL, AGED 50 YEARS, S/O.ABBAS, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA PO., KASARAGOD DISTRICT. 2. AYISHA, AGED 40 YEARS, W/O.ISMAIL, RESIDING AT MADATHIL PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 3. ABDUL RASAK, AGED 35 YEARS, S/O.MUHAMMED KUNHI, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 4. MUHAMMED KUNHI, S/O.ANDUNHI, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 5. BEEFATHIMA, AGED 48 YEARS, W/O.MUHAMMED KUNHI, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 6. A.KHADEEJA, AGED 35 YEARS, W/O.HAMSA, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 7. M.HUSSAINAR, AGED 61 YEARS, S/O.ABDUL RAHIMAN, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 8. N.P.JAMEELA, W/O.HUSSAIN, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 9. JAMAL, AGED 19 YEARS, S/O.MUHAMMED, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. 10. IBRAHIM, S/O.ISMAIL, RESIDING AT MADATHIL, PERIYA ROAD, PALLIKKARA P.O., KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: STATE ------------------ THE STATION HOUSE OFFICER, BAKEL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2214 OF 2008 F ```````````````````````````````````````````````````` Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. Altogether there are ten petitioners. They apprehend arrest as accused in crime No.160/08 of Bakel police station. 2. The learned Public Prosecutor, after taking instructions, submits that only petitioners 1, 3 and 7 need be arrested. All the other petitioners i.e, petitioners 2, 4 to 6 and 8 to 10 have not been arrayed as accused and they are not required to be arrested in this crime. The deceased was a person aged about 70 years. He was found lying near his house. He was taken to the hospital and he was declared dead. There were property disputes between the deceased and some of the petitioners. That dispute was the bone of contention. Crime was registered under the caption 'unnatural death'. In the course of investigation, three BA.2214/08 : 2 : persons have been arrayed as accused. Allegations are now raised that the offence of culpable homicide not amounting to murder punishable under section 304 IPC has been committed against the deceased. Petitioners 1, 3 and 7 are the alleged offenders. They apprehend imminent arrest. 3. The learned Public Prosecutor, after taking instructions, submits that the postmortem certificate does not show any serious injuries suffered by the victim. The opinion of the Doctor is that the death had taken place on account of heart failure. In any view of the matter, the petitioners do not, in these circumstances, deserve to be arrested or incarcerated, submits their counsel. The mere fact that there may have been a quarrel and at worst some altercation between the deceased and the petitioners will not and cannot and should not certainly expose the petitioners to the undeserved consequence of arrest and incarceration on an allegation under section 304 or 302 IPC. The learned Public Prosecutor does not oppose the application for anticipatory bail and I am satisfied, in the facts and BA.2214/08 : 3 : circumstances of the case, that the petitioners do deserve to be granted anticipatory bail. 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 16.4.08. They shall be released on regular bail on condition that they 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 17.4.08 and 18.4.08. 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 as and when directed by the BA.2214/08 : 4 : 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 16.4.08, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 16.4.08. (R.BASANT, JUDGE) aks