IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 862 of 2008() ---------------------------- [CRIME NO.11/2008 OF AMBALATHARA POLICE STATION] : PETITIONER/ACCUSED NO.2 ---------------------------------------- SUMITHA @ BABY, W/O.GANESHAN, NARKALAM, PULLUR VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.862 of 2008 ---------------------------------------- Dated this the 14th day of February 2008 O R D E R Application for anticipatory bail. The petitioner, a woman is the second accused. Her husband is the first accused. The de facto complainant is the brother of the first accused. The house of the petitioners was raided by the excise party. The petitioners allegedly entertained an impression that the victim, that is the brother of the first accused, was responsible for informing the excise officials. Because of that animosity, the petitioners allegedly went to the property of the de facto complainant. The petitioner threw a stone at the de facto complainant which allegedly hit him. The first accused had allegedly beaten the de facto complainant with a wooden stick. He has suffered injuries. Investigation is in progress. Crime is seen registered for offences punishable inter alia under Section 308 I.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. All other offences are bailable offences; but an allegation under Section 308 I.P.C has been included with vexatious and mala fide intention. The B.A.No.862/08 2 transparent intention is only that the petitioner remains in custody without getting bail by making it appear that the offence is one triable exclusively by a court of Sessions. There is no justification in including the allegation under Section 308 I.P.C. At worst, the petitioner had thrown a stone at the victim. The injury suffered also does not at all reveal any brutal attack with the requisite contumacious intention. The petitioner may, in these circumstances, be granted anticipatory bail, it is submitted. 3. The learned Public Prosecutor does not oppose the application. I take note of the nature of the specific allegation raised against the petitioner and the alleged injury suffered by the victim. The nature of the allegations made to the doctor reveals that a totally different allegation has subsequent been raised in the F.I statement. I am satisfied that considering all the relevant circumstances, the petitioner can be granted anticipatory bail. Appropriate conditions can of course be imposed. 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 21/02/2008. She shall be released on regular bail on condition that she executes a bond for Rs.25,000/- B.A.No.862/08 3 (Rupees twenty five thousand only only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make herself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 22/02/2008 and 23/02/2008. 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 the petitioner shall so appear 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 her in accordance with law, as if these directions were not issued at all. (iv) If she were arrested prior to 21/02/2008, she shall be released from custody on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21/02/2008. (R.BASANT, JUDGE) jsr B.A.No.862/08 4 B.A.No.862/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007