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. 1318 of 2008() ----------------------------- CRIME NO. 762/07 OF TALIPARAMBA POLICE STATION PETITIONERS/ACCUSED NO.2 & 3 --------------------------------------------- 1. NOUFAL.P.K., AGED 21 YEARS, S/O.ABOOBACKER, PILAVINTAKEEZHIL, NEAR MADRASA, TALIPARAMBA, KANNUR (DIST). 2. P.K.SHARFUDHEEN, AGED 23 YEARS, S/O.MUHAMMED M.V. PILAVINTAKEEZHIL, HABEEB NAGAR, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR 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. 1318 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 2 and 3. They face allegations in a crime registered alleging offences punishable, inter alia, under Section 308 r/w. 149 I.P.C. All other offences alleged are bailable offences. Altogether there are six accused persons. One person is named and the other five are not named in the F.I.R. In the course of investigation identity of accused 2 to 4 have been ascertained and report submitted to that effect. The petitioners are accused 2 and 3. On account of political animosity, the petitioners who belonged to the MSF, a students union, are alleged to have attacked persons belonging to the SFI. Wooden sticks were allegedly used. An incident, which had taken place earlier on the College Day is the alleged motive. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. B.A.No. 1318 of 2008 2 2. The learned counsel for the petitioners submits that the petitioners are innocent. No worthwhile allegation whatsoever is raised against the petitioners to attract the charge under Section 308 I.P.C. Inclusion of allegation under Section 308 I.P.C. is made with transparent malafides. That is only a reflection of the influence of the defacto complainant, who belongs to the students wing of the ruling political party. In any view of the matter the petitioners may be granted anticipatory bail, it is prayed. 3. Case diary is available. The learned Prosecutor fairly reports that the wound certificate does not show any serious, much less grievous, injuries suffered by the victims. He does not oppose the application. I am satisfied that the petitioners can be granted anticipatory bail, subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result: (1) These applications are allowed. B.A.No. 1318 of 2008 3 (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 11.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 12.3.08 and thereafter between 10 and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 11.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. B.A.No. 1318 of 2008 4 (d) If the petitioners were arrested prior to their surrender on 11.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 11.3.2008. (R. BASANT) Judge tm