IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 7958 of 2007() ----------------------------- CRIME NO.529/07 OF BEKAL POLICE STATION PETITIONER 1-10/ACCUSED 1-10 --------------------------------------------- 1. K.M.NAFIR, AGED 20 YEARS, S/O. K.M.MOIDU, RESIDING AT K.M.HOUSE, THRIKKANAD, BEKAL P.O., KASARGODE DISTRICT. 2. K.M.MUHAMMED HANEEFA, AGED 30 YEARS, S/O. K.M.MOIDU, RESIDING AT WHITE HOUSE, JAMA MASJID HOUSE, KOTTIKULAM, KASARAGOD DISTRICT. 3. KAPPIL MUHAMMED SHIYAS, AGED 22 YRS, S/O. KAPPIL MUHAMMED PASHA, RESIDING AT GREEN VILLAGE, BEKAL P.O., KASARAGOD DISTRICT. 4. K.SAKEER, AGED 22 YEARS, S/O. B.A.ABDULLA, RESIDING AT KUNDADUKA HOUSE, UDMA P.O., KASARAGODE DISTRICT. 5. A.V.MUHAMMED KUNHI, AGED 20 YEARS, S/O. ABDULLA, RESIDING AT KUNDALAM PARA, UDMA P.O., KASARAGOD DISTRICT. 6. ABOOBACKER, AGED 36 YEARS, S/O.ANDUMAN, RESIDING AT KUNDALAMPARA, UDMA P.O., KASARAGOD DISTRICT. 7. ASHRAFF, AGED 30 YEARS, S/O. MOIDU, RESIDING AT PAKIYARA HOUSE, UDMA, KASARAGOD DISTRICT. 8. ABDUL RAHMAN, AGED 30 YEARS, S/O. MOHAMMED, RESIDING AT MUKKUNNOTH HOUSE, BARA P.O., KASARAGOD DISTRICT. 9. ABDUL MANAF, AGED 23 YEARS, S/O. SATHAR, RESIDING AT KOTTIKULAM, KASARAGOD DIST. -: 2 :_ 10. A.K.ANSARI, AGED 20 YEARS, S/O. ABDUL KHADER, RESIDING AT RUBEENA MANZIL, KOTTIKULAM P.O., KASARAGOD DISTRICT. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 7958 OF 2007 ------------------------------------------------- Dated this the 3rd day of January, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 10 in a crime registered for offences punishable, inter alia, under Sec.308 read with Sec.149 of the IPC. The crux of the allegations is that on 9/12/07 when the de facto complainant who belongs to CPI(M) was proceeding on a motor-cycle at 8.30 p.m., the accused persons who are members of the IUML formed an unlawful assembly and in prosecution of their common object, they armed with dangerous weapons attacked the de facto complainant. He suffered injuries. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The de facto B.A. No. 7958 OF 2007 -: 2 :- complainant belongs to a political party which is in power in Kerala and taking advantage of their clout with the police, exaggerated and vexatious allegations have been raised. There are no elements whatsoever of the offence punishable under Sec.308 of the IPC and this is evident from the nature of the allegations as also the nature of the injury suffered by the victim. The Case Diary has been placed before me for my perusal by the learned Public Prosecutor. I have perused the same. I have gone through the wound certificate in particular. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are a number of incidents between the members of the CPI(M) and the IUML in the locality and a tense law and order situation prevails in the area. The State's apprehension is that the law and order situation may be imperiled if the petitioners are permitted to be at large in the locality. 4. Having considered all the relevant inputs, I find merit in the prayer of the learned counsel for the petitioners for anticipatory bail. I am satisfied that conditions can be imposed to allay the apprehension aired by the learned Public Prosecutor. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: B.A. No. 7958 OF 2007 -: 3 :- (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 10/1/08. They shall be released on regular bail on their executing bonds for Rs.50,000/- 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 5 p.m. on 11/1/08 and 12/1/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) During the said period of two months, the petitioners shall not enter the Sessions Division of Kasaragod without the prior permission of the learned Magistrate except for the purpose of complying with condition No.(ii) above. (iv) If the petitioners do 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 B.A. No. 7958 OF 2007 -: 4 :- arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (v) If the petitioners were arrested prior to their surrender on 10/1/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.50,000/- each without any sureties undertaking to appear before the learned Magistrate on 10/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge