IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4501 of 2007()
1. C.S.VINOD, AGED 34 YEARS,
... Petitioner
2. SHAJU, AGED 36 YEARS,
3. JOJI, AGED 30 YEARS,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. STATE- REPRESENTED BY PUBLIC PROSECUTOR,
For Petitioner :SRI.M.B.PRAJITH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/07/2007
O R D E R
R. BASANT, J.
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B.A. NO. 4501 OF 2007
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Dated this the 26th day of July, 2007
ORDER
Application for anticipatory bail. The petitioners are
accused 1 to 3. They face allegations along with the co-
accused under Sec.304 of the IPC. The crux of the allegations
against the petitioners is that they physically assaulted the
deceased. The deceased was an insane person who was
brought to the hospital for treatment. He had escaped from
the hospital and had allegedly misbehaved to the petitioners.
The deceased was in an aggressive mood and the petitioners
had deterred him allegedly by beating him. The deceased had
run away. He ultimately got drowned in water and eventually
met with his death. Subsequently, allegations have been
raised against the petitioners and a host of others who had
roles in deterring the deceased person. Investigation is in
progress. The petitioners apprehend imminent arrest.
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2. The learned counsel for the petitioners submits that, by
no stretch of imagination, can it be held that the petitioners had
any intention, even accepting the entire case of the prosecution
to cause the death of the deceased. The allegation will also
only reveal that the petitioners, who did not know the deceased
who was behaving in aggressive and unruly manner, only tried to
deter him. Even if the allegations were accepted in toto, it will
not reveal any offence beyond the one punishable under Sec.323
of the IPC. Beating with hands is the allegation raised. A
serious injury is allegedly suffered on the cheek. Even assuming
the worst, that can constitute only an offence under Sec.325 of
the IPC. In these circumstances, the allegation under Sec.304 of
the IPC has been unnecessarily included. It cannot at all be
assumed that the petitioners caused the death of the deceased.
The inclusion of that would compel the petitioners to remain in
custody unnecessarily as the offence being triable by a Court of
Session, the Magistrate is not likely to grant bail. In these
circumstances, this is a fit case to invoke the powers under
Sec.438 of the Cr.P.C., submits the learned counsel for the
petitioners.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor points out that there was no overt
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acts committed by the deceased against the petitioners. At worst
he was only behaving in an unruly manner because of his illness
and the conduct of the petitioners is not justified.
4. I have considered all the relevant inputs.
Notwithstanding the opposition by the learned Public
Prosecutor, I am satisfied that this is a fit case where the
petitioners can be granted anticipatory bail in the circumstances
to which I have already made brief reference above.
5. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioners shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 2/8/07. They shall
be released on regular bail on their executing bonds for
Rs.25,000/- each with two solvent sureties each for the like sum
to the satisfaction of the learned Magistrate.
(ii) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m.
and 3 p.m. on 3/8/07 and 4/8/07 and thereafter on all Mondays
and Fridays between 10 a.m. and 12 noon for a period of two
months. Subsequently, they shall so make themselves available
for interrogation before the Investigating Officer as and when
directed by the Investigating Officer in writing to do so.
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(iii) 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 those directions were not issued at all;
(iv) If the petitioners were arrested prior to their surrender
on 2/8/07 as directed in clause (i) above, they shall be released
on their executing bonds for Rs.25,000/- each without any
sureties undertaking to appear before the learned Magistrate on
2/8/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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