IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2761 of 2008() ----------------------------- CRIME NO. 125/08 OF IDUKKI POLICE STATION PETITIONER/ACCUSED ----------------------------------- THOMAS CHACKO @ SABU, AGED 33, S/O.CHACKO, CHEENIKANIKKAL, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: COMPLAINANT & FORMAL PARTY --------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, IDUKKI POLICE STATION, IDUKKI. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2761 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime, which was initially registered under Sections 279 and 337 I.P.C. Later the allegation under Section 308 I.P.C. has also been added. 2. The crux of the allegations is that the petitioner, driver of a bus, took his vehicle forward rashly and negligently and caused injuries to the victim, conductor of another bus. Later it is alleged that there was deliberate attempt to cause serious injuries to the said victim. 3. The learned Prosecutor fairly points out that the only allegation to the doctor is pain on the shoulders. 4. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. In the absence of opposition B.A.No. 2761 of 2008 2 it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 9.5.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. On 10.5.2008 and thereafter on all Mondays and Fridays between 10 a.m. And 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. B.A.No. 2761 of 2008 3 (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 9.5.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 9.5.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 9.5.2008. (R. BASANT) Judge tm