IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1095 of 2008() ----------------------------- CRIME NO.92/2008 OF KONNI POLICE STATION PETITIONER/ACCUSED ----------------------------------- VASUDEVAN NAIR, AGED 50 YRS., S/O.RAGHAVAN NAIR, GIRISH BHAVAN, MALLASSERY P.O., LAKKOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS: COMPLAINANT ---------------------------------- 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 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1095 OF 2008 B ```````````````````````````````````````````````````` Dated this the 4th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is the sole accused in a crime registered alleging offences punishable, inter alia, under section 308 IPC. All other offences are bailable. The de facto complainant/victim was allegedly attacked on 10.2.08 at 8.15 pm. A lamp(Nilavilakku) is the weapon allegedly used. The victim has suffered injuries which are not grievous. There is a counter case also registered. The petitioner has also suffered injuries. That counter case has been registered under section 324 IPC. Investigation into both crimes are in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The allegations under section 308 IPC raised against him are not justified at all. In these BA.1095/08 : 2 : circumstances, the petitioner may be granted anticipatory bail, it is prayed. 3. The case diaries in both cases are made available. The learned Public Prosecutor, after perusing the same, submits that the State has no objection in granting anticipatory bail to the petitioner subject of course to appropriate conditions to be insisted in the interests of a proper investigation. 4. I am satisfied, in these circumstances, that anticipatory bail can be granted to the petitioner. In the absence of the opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 5. 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 11.3.2008. He shall be released on regular bail on condition that he executes BA.1095/08 : 3 : a bond for Rs.50,000/-(Rupees fifty 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 12.3.2008 and 13.3.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner 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 two months 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. BA.1095/08 : 4 : (iv) If he were arrested prior to 11.3.2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11.3.2008. (R.BASANT, JUDGE) aks