IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 Bail Appl..No. 2380 of 2008() ----------------------------- CRIME NO.233 OF 2008 OF VADAKKANCHERRY POLICE STATION : PETITIONERS/ACCUSED 6 AND 7: --------------------------------------------- 1. PRAVEEN, S/O. CHANDRAN, ETTEACRE, VALLIYODE, MANGALAM. 2. BABU, S/O. RAJAN, ETTEACRE, VALLIYODE, MANGALAM. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: STATE & COMPLAINANT: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, PALAKKAD (CRIME NO.233/08). BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/04/2008, THE COURT ON 22/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ B.A.No.2380 of 2008 ------------------------------------- Dated this the 22nd day of April, 2008 ORDER This is an application for anticipatory bail filed by the petitioners who are accused Nos.6 and 7 in Crime No.233 of 2008 of Vadakkanchery Police Station. The allegation against the accused in the above crime is that on 19.03.08, at about 9 p.m, accused 1 to 4 followed the defacto complainant and entered into the compound of the defacto complainant's house and demanded title deeds. When the defacto complainant questioned the demand of the accused, accused Nos.1 and 2 inflicted cut injuries with a `koduval' on the head of the defacto complainant and accused Nos.3 and 4 beat on his legs with iron pipe. The learned counsel for the petitioners submitted that the petitioners are actually innocent and they are falsely implicated in this crime and no overt act is alleged against the petitioners. Thus the petitioners pray for an order of anticipatory bail in favour of them under Section 438 Cr.P.C. 2. I have heard the learned Public Prosecutor who opposed the application stating that the petitioners are accused B.A.No.2380 of 2008 2 in a series of crimes, wherein Section 308 I.P.C is involved. The learned Public Prosecutor also conceded to the submission made by the learned counsel for the petitioners that initially the petitioners' names were not in the F.I.R, but their names were incorporated only on 23.03.08 on the basis of the report filed by the police. It is also borne out from the arguments that even according to the prosecution, it is accused 1 and 2 who inflicted cut injuries on the head of the defacto complainant by using `koduval' and accused 3 and 4 are the persons who beat on the legs of the defacto complainant by using iron pipe. There is no overt act against the petitioners. In the light of the above facts and circumstances, I am of the view that this application can be allowed. 3. In the result, there will be an order directing the offcer- in-charge of the police station concerned to release the petitioners on bail in the event of their arrest within a period of 3 months in connection with the above case on each of them executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the said arresting officer and subject to the following conditions: B.A.No.2380 of 2008 3 1. Petitioners shall report before the Investigating Officer between 9 a.m. and 12 noon on all Wednesdays for a period of 3 months. 2. Petitioners shall make themselves available for interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. 5. Petitioners shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. (V.K.MOHANAN, JUDGE) rtr/- B.A.No.2380 of 2008 4