IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1530 of 2008() ----------------------------- CRIME NO.114/08 OF KANIJAR POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- RAJEEV, AGED 26 YEARS, S/O.BALAN, RESIDING AT MALEPARAMBIL HOUSE, RANDUPLACKAL BHAGOM, KADALIKADU KARA, MANJALOOR VILLAGE. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE POLICE INSPECTOR, KANJAR POLICE STATION, IN CRIME NO. 114/2008. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1530 of 2008 ------------------------------------------------- Dated this the 11th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is the 2nd accused. Altogether, there are 2 accused persons. The alleged incident took place on 19/2/08. The petitioner was riding on a motor-cycle with the 1st accused as the pillion rider. That was a harthal day. When the accused persons went into a petrol bunk, the de facto complainant – an employee of the petrol bunk, did not agree to supply petrol to them. This allegedly infuriated the accused persons. They allegedly trespassed into the petrol bunk causing damage and loss to the petrol bunk. The 1st accused is alleged to have taken out a knife and caused injuries to the de facto complainant. Investigation is in progress. The petitioner apprehends imminent arrest. B.A. No. 1530 of 2008 -: 2 :- 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is true that the petitioner had wanted petrol to be drawn from the petrol bunk and that they had insisted that the petrol be supplied. But it is incorrect to say that the petitioner had trespassed into the petrol bunk and caused damage to the petrol bunk. At any rate, there is no specific allegation even against the petitioner that he had indulged in any acts of violence against the de facto complainant. In these circumstances, the petitioner is entitled to be released on anticipatory bail on both allegations. At any rate, the allegation under Sec.308 of the IPC is not justified at all, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor submits that, in any view of the matter, the allegation under Sec.452 of the IPC is sustainable against the petitioner. The learned Public Prosecutor concedes that the State has no objection in the application for regular bail of the petitioner being considered ignoring and eschewing the allegation under Sec.308 of the IPC. I reckon that as a reasonable stand taken by the learned Public Prosecutor. I am satisfied that directions can be issued in favour of the petitioner to that effect. 4. In the result, this bail application is allowed in part. B.A. No. 1530 of 2008 -: 3 :- The prayer for anticipatory bail is rejected. The petitioner is directed to surrender before the learned Magistrate and seek regular bail within 15 days. It is, however, directed that when such application for regular bail is considered by the learned Magistrate, the learned Magistrate shall ignore and eschew the allegations under Sec.308 of the IPC and appropriate orders shall be passed on the application for regular bail on merits, in accordance with law and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge