IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Bail Appl..No. 3594 of 2008() ----------------------------- (CRIME NO.222/2008 OF NEYYATTINKARA POLICE STATION PENDING BEFORE JFCM-I, NEYYATTINKARA. .................... PETITIONERS : ----------------- 1. SANAL RAJ, S/O.SIMON, S.M.NIVAS, CHARALKALLUVILA, MARANALLOOR, NEYYATTINKARA. 2. ANIL RAJ, S/O.SIMON, -DO, -DO-. 3. JOSHY.J.J., S/O.JOHN, THATTARAKKONAM VEEDU, PERUMPAZHUTOOR P.O. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3594 of 2008 ------------------------------------------- Dated this the 4th day of June, 2008 ORDER Petitioners are accused Nos. 1 to 3 in crime No.222/2008 of Neyyattinkara Police Station registered under Sections 143, 147, 149, 294(b), 341, 332 & 379 of IPC. They are apprehending arrest and hence, this petition. According to the prosecution, petitioners along with other accused came in a car and two motor cycles and manhandled the driver of a KSRTC bus and stolen some amount from the bag of the conductor. 2. Learned counsel appearing for the petitioners submitted that the driver of the KSRTC bus drove the vehicle in a rash and negligent manner and the accused somehow managed to serve the vehicle in which they travelled and escaped from an accident. KSRTC bus driver was questioned in respect of this and there was no other incident as alleged. Nobody was injured in the incident also. But, a case is falsely foisted against the petitioners, it is submitted. It is pointed out that there are materials in the First Information Statement itself which would BA NO.3594/08 2 support the case of the petitioners. 3. It is stated in the FIS that a car over took the KSRTC bus and it was stopped and its driver was questioned etc. It is also pointed out that there is an overwriting and correction in the First Information Statement with respect to a crucial aspect. It prima facie appears from the First Information Statement that originally as per the details in the FIS, a specified amount was written as lost. But, it has been erased and over written to make it appear that the Informant did not know how much the amount lost. 4. It is submitted that the petitioners are prepared to co-operate with the investigation. They are absolutely innocent of the allegations made. Learned public prosecutor submitted that the petitioners are enquired interrogation since recovery of the articles involved. Other accused are not so far identified. 5. On hearing both sides, I find that a direction can be issued to the petitioners and the following order is passed: (i) The petitioners shall surrender before the Investigating Officer within 10 days from today and on their BA NO.3594/08 3 surrender, they shall make themselves available for custodial interrogation and co-operate with the Investigating Officer. (ii) Thereafter, the Investigating Officer shall produce the accused before the Magistrate Court concerned in the event of arrest of the petitioners, if any, in accordance with law. (iii) On production of the accused, the petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on condition that they will co-operate with the investigation and appear before the Investigating Officer as and when directed by him. The petition is allowed. K.HEMA, JUDGE csl