IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6028 of 2007()
1. ASKAR, S/O ABDULLAKUTTY, AGED 22 YEARS,
... Petitioner
2. SHIHAB, S/O ABDULLAKUTTY,
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.K.P.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :09/10/2007
O R D E R
R.BASANT, J.
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B.A.No. 6028 of 2007
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Dated this the 9th day of October 2007
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 and 2. Altogether there are three accused persons.
They face allegations in a crime under Section 308 I.P.C.
Investigation is in progress. The petitioners apprehend
imminent arrest.
2. The learned counsel for the petitioners submits that
the allegations are totally false. The second petitioner is a
minor/juvenile. The allegations against the petitioners is that
they along with another mounted an attack on the de facto
complainant. He was allegedly attacked with a knife.
3. The learned counsel for the petitioners submits that
the petitioners are innocent. The second petitioner is a minor.
The real incident did not take place in the manner alleged by the
de facto complainant. There is a counter case registered as
crime No.476/2007. There was a dispute between the parties
about misuse of the water chal by the de facto complainant. The
de facto complainant and the accused are neighbours. There
was push and pull consequent to the said dispute between the
B.A.No.6028/07 2
father of the petitioners and the de facto complainant. The de
facto complainant had fallen and suffered the injury. False,
frivolous and vexatious allegations are now being raised against
the petitioners and others. It is prayed that anticipatory bail may
be granted to the petitioners.
4. The learned Public Prosecutor does not oppose the
application. Both case diaries are made available for the perusal
of the court. Having considered all the relevant inputs, I am
satisfied that anticipatory bail can be granted to the petitioners.
In the absence of opposition, it is unnecessary to advert to facts
in any greater detail.
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned Judicial
First Class Magistrate Court, Parappanangady at 11 a.m on
16/10/2007.
ii) They shall be released on regular bail on condition
that they execute bonds for Rs.25,000/-(Rupees twenty five
thousand only) each with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate.
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iii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 17/10/2007 and thereafter on all Mondays and
Fridays between 10 a.m and 12 noon for a period of two months.
Subsequently the petitioners shall so appear as and when
directed by the investigating officer in writing to do so.
(iv) If the petitioners do 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 petitioners and deal with them in accordance with law,
as if these directions were not issued at all.
(v) If they were arrested prior to 16/10/2007, they shall
be released from custody on their executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate on
16/10/2007.
(R.BASANT, JUDGE)
jsr
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B.A.No.6028/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007