High Court Kerala High Court

Manoj vs State Of Kerala on 6 March, 2008

Kerala High Court
Manoj vs State Of Kerala on 6 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1018 of 2008()


1. MANOJ, S/O. RADHAKRISHNAN, AGED 32 YRS,
                      ...  Petitioner
2. MAHESH, S/O. RADHAKRISHNAN,
3. MAJEESH, S/O. RADHAKRISHNAN,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.JOHNSON P.JOHN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :06/03/2008

 O R D E R
                               R. BASANT, J.

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                         B.A.No.  1018  of   2008

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                 Dated this the 6th day of  March, 2008


                                   O R D E R

Application for anticipatory bail. The petitioners are

accused 1 to 3. They are named in the F.I.R. About an incident

which took place on 20.1.2008 at about 4.30 p.m. allegations

and counter allegations are raised by the rival contestants. Crime

under Section 308 I.P.C. has been registered against the

petitioners, whereas as against the defacto complainant and his

co-accused, crime has been registered only under Section 324

I.P.C. Investigation is in progress. The petitioners apprehend

imminent arrest.

2. The learned counsel for the petitioners submits that the

petitioners are innocent. Allegation under Section 308 I.P.C. has

been included only with vexatious intent. There is absolutely no

justification in including the said allegation in the crime. The

learned counsel for the petitioners submits that the petitioners are

really the victims of aggression and not the aggressors. In any

B.A.No. 1018 of 2008

2

view of the matter, anticipatory bail may be granted to them to save

them from the trauma of arrest and detention.

3. Notice was given. The learned Prosecutor confirms that a

counter case has also been registered. In these circumstances the

learned Prosecutor does not oppose the application. Subject to

appropriate conditions, anticipatory bail can be granted to the

petitioners, it is submitted.

4. 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.

5. In the result:

(1) This application is allowed.

(2) The following directions are issued under Section 438

Cr.P.C.

(a) The petitioners shall surrender before the learned Magistrate

on 12.3.2008 at 11 a.m. The learned Magistrate shall release the

petitioners on regular bail on condition that they execute bonds

B.A.No. 1018 of 2008

3

for Rs.50,000/- (Rupees fifty 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 13.3.08 and 14.3.2008. During this period, the investigators

shall be at liberty to interrogate the petitioners in custody and take all

necessary steps in connection with the investigation. Thereafter they

shall appear before the Investigating Officer on all Mondays and

Fridays between 10 a.m. and 12 noon for a period of two months and

subsequently as and when directed by the Investigating Officer in

writing to do so.

(d) If the petitioners do not appear before the learned Magistrate

as directed in clause (1) above, these directions shall lapse on

12.3.2008 and the police shall be at liberty thereafter to arrest the

petitioners and deal with them in accordance with law.

(b) If the petitioners were arrested prior to their surrender on

12.3.2008 as directed in clause (1) above, they shall be released on

B.A.No. 1018 of 2008

4

bail on their executing bonds for Rs.50,000/- each without any surety

undertaking to appear before the learned Magistrate on 12.3.2008.

(R. BASANT)

Judge

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