IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3522 of 2010() ----------------------------- (CRIME NO.317/2010 OF CHANDERA POLICE STATION) PETITIONER/ACCUSED NO.4: -------------------------------------------- MOHAMMED RAISHAN.M., AGED 17 YEARS, S/.SHAREEF.U.K., KUNNURKAD HOUSE, OLAVARA, UDUMBUNTHALA P.O., KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH SMT.M.SHAZIA SULTHANA RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CRIME NO.317/2010 OF CHANDERA POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2010 ALONG WITH B.A NO.3523/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A Nos.3522 & 3523 OF 2010 -------------------------------- Dated this the 18th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324, 308 r/w 34 IPC. According to prosecution, on 26/05/2010, at about 10:45 p.m, de facto complainant was coming from Mosque and on his reaching the road, all the accused (A1 to A4) assaulted him, using stone and knife, and thereby, committed various offences. 3. Learned counsel for petitioner submitted that petitioners are absolutely innocent of the allegations made. Fourth accused is a boy aged 17 years and he was coming back from Mosque on the date of alleged occurrence while de facto complainant compelled him to have unnatural sex with him. He refused when he was wrongfully restrained de facto complainant by catching hold of him. He tried to wriggle out and raised a hue and cry. Accused numbers one to three came running there and interfered while de facto complainant ran away. Fourth accused made a complaint to police on the very next day, on 27/05/2010, stating all these, and the copy is Annexure A3. 4. Mother of fourth accused also made a complaint to District Superintendent of Police on 02/06/2010, since police came to her house and without any search warrant, searched the B.A Nos.3522 & 3523 OF 2010 2 house and took away ration card and mobile phone. Instead of proceeding against petitioner for the act committed by him, police is harassing her, since de facto complainant is politically influential. Copy of complaint given by fourth accused's mother to the Superintendent of Police is Annexure A4. In the above circumstances, if petitioners are arrested. It is likely that they will be harassed, it is submitted. 5. On hearing both sides and on going through Case Diary and FIS and the documents produced, I find that anticipatory bail can be granted to petitioners. According to de facto complainant, first accused twisted his hand and bit his thumb, since he advised him to go to Mosque. In Annexure A3, fourth accused has made an allegation that petitioner was habitually compelling fourth accused for unnatural sex. It is also clear from Annexure A3 a complaint is raised by fourth accused's mother that Sub Inspector of Police and four Police Constables entered her house without any search warrant and took away ration card and mobile phone. Fourth accused is aged only 17 years. All other accused are aged 19-21 years. 6. The Wound Certificate issued to de facto complainant reveals that no incised injury is sustained by de facto complainant, though knife is allegedly used by fourth accused. B.A Nos.3522 & 3523 OF 2010 3 Petitioners have a strong and arguable case regarding involvement of Section 308 of IPC also. Taking all the facts and circumstances, I find that anticipatory bail can be granted to petitioners. Hence, the following order is passed. (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, petitioners shall be released on bail on their executing a bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of learned Magistrate on the following condition: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. Petition is allowed. Sd/- K.HEMA JUDGE //True Copy// vdv P.Ato judge