IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Bail Appl..No. 961 of 2008() ---------------------------- CRIME NO.1/08 OF THE KILIKOLLOOR POLICE STATION PETITIONER : ACCUSED: ------------------------- SHIBU ROBERT, S/O.ROBERT, KALLUMMOOTTIL VADAKKATHIL, PRIYADARSHINI JUNCTION, MANGADU VILLAGE. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE SEUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 961 OF 2008 ------------------------------------------------- Dated this the 19th day of February, 2008 ORDER Application for anticipatory bail. The petitioner is the sole accused. He faces allegations in a crime registered under Secs.308 and 324 of the IPC. The alleged incident took place on 1/1/08. The victim allegedly suffered injuries when the petitioner attacked him with a chopper. The F.I.R. was registered on the date of the incident itself on the basis of a First Information Statement lodged by the de facto complainant/the injured. To the Doctor, it is seen that the initial allegation was made that the injury was suffered when the victims fell from a motor-cycle. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegations are raised because of prior animosity. Police B.A. No. 961 OF 2008 -: 2 :- are willingly obliging the de facto complainant by registering a crime under Sec.308 of the IPC. The fact that the initial allegation to the Doctor exculpated the petitioner and the fact that the alleged injuries do not justify the raising of any allegation except the one under Sec.324 of the IPC have all been ignored by the police in their over anxiety to oblige the de facto complainant, urges the petitioner. 3. The learned Public Prosecutor confirms that the allegation to the Doctor was that the injury was suffered by the victim in a motor-cycle accident. But that version was given not by the victim; but by a bystander who allegedly took him to the Doctor, it is explained. The learned Public Prosecutor, however, submits that the State has no objection against the grant of anticipatory bail to the petitioner subject to appropriate terms and conditions. 4. I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioner. In the absence of opposition, it is not necessary for me to embark on a more detailed discussion of the contentions. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned B.A. No. 961 OF 2008 -: 3 :- Magistrate having jurisdiction at 11 a.m. on 25/2/08. He shall be released on regular bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on 26/2/08 and 27/2/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, he shall so make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does 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 arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to his surrender on 25/2/08 as directed in clause (i) above, he shall be released on B.A. No. 961 OF 2008 -: 4 :- his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 25/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge