IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 235 of 2008() ---------------------------- CRIME NO.521/2007 OF PAZHAYANNUR POLICE STATION .................... :PETITIONER/ ACCUSED ------------------------ 1. MUTHU ,THOTUNGAL HOUSE, KALLEPPADAM, PAZHAYANNUR. 2. MOHANAN, PANTHALAMKUNDU HOUSE KALLEPPADAM, PAZHAYANNUR. 3. PAULSON,THEKKUMPEEDIKA HOUSE KALLEPPADAM, PAZHAYANNUR. 4. KANNAN,AGED 39 YEARS KATTIRI HOUSE,KALLEPPADAM, PAZHAYANNUR. 5. CHACKO, AGED 45 YEARS, KARUMPEECHIYIL HOUSE, KALIYUR ROAD PO CHELAKKARA. 6. MANIKANDAN, AGED 29 YEARS, S/O.APPUKUTTAN,ERATTAKULAM ,P.O. PAZHAYANNUR JUNCTION, ALATHUR. 7. VASANTHA, AGED 33 YEARS,W/O. KANNAN, KATTIRI HOUSE, KALLEPPADAM, PAZHAYANNUR. 8. MOLY,W/O. PAULSON,W/O. KANNAN KATTIRI HOUSE, KALLEPPADAM, PAZHAYANNUR. 9. ANITHA,W/O. MUTHU,THEKKUMPEEDIKA HOUSE KALLEPPADAM, PAZHAYANNUR. 10. DEVOO, AGED 53 YEARS, KATTIRI HOUSE KALLEPPADAM, PAZHAYANNUR. 11. SANTHA, AGED 45 YEARS,W/O.KUNJUNNY KACHERIPARAMBIL HOUSE, KALLEPPADAM PAZHAYANNUR VILLAGE, THRISSUR DT. 12. RAJINI, AGED 21 YEARS, D/O. SANTHA KACHERIPARAMBIL HOUSE, KALLEPPADAM PAZHAYANNUR VILLAGE, THRISSUR DT. 13. RAMESH,AGED 14 YEARS,S/O.KANNAN KATTIRI HOUSE,KALLEPPADAM PAZHAYANNUR . BY ADV. SRI.M.B.PRAJITH RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. THE STATION HOUSE OFFICER PAZHAYANNUR POLICE STATION CRIME NO. 521 OF 2007) THRISSUR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.235 of 2008 ---------------------------------------- Dated this the 30th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 13. Altogether there are 13 accused persons. They face allegations in a crime registered alleging offences punishable inter alia under Section 326 read with 149 I.P.C. The alleged incident took place on 21/12/2007. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. The allegations under Section 326 I.P.C has been included without any justification whatsoever. The victim has not suffered any grievous injuries to justify such an allegation. 3. The learned Public Prosecutor, after taking instructions and after perusing the case diary and wound certificate, fairly concedes that there is nothing to show that the sole victim has suffered any grievous injury. That being so, the allegation under Section 326 I.P.C is certainly not justified. I am satisfied that the petitioners can be granted anticipatory bail. The prayer is not opposed by the learned Public Prosecutor in B.A.No./08 2 the circumstances explained above. 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 06/02/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five 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 1 p.m on 07/02/2008. 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 the petitioners shall so appear as and when directed by the 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 B.A.No./08 3 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 06/02/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 06/02/2008. (R.BASANT, JUDGE) jsr B.A.No./08 4 B.A.No./08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007