IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6420 of 2007()
1. JAYAN.C., AGED 26 YEARS,
... Petitioner
2. RAJESH.T., AGED 24 YEARS,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.S.GOPAKUMARAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :24/10/2007
O R D E R
R.BASANT, J
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B.A.No.6420 of 2007
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Dated this the 24th day of October, 2007
ORDER
Application for anticipatory bail. Petitioners are accused 2 and 3
in a crime which was initially registered for offences punishable, inter
alia, under Sections 324 and 307 r/w 149 I.P.C. The alleged incident
had taken place on 4.9.05. The crime was registered only on 8.9.05.
The crux of the allegations is that there was a dispute between two
sets of workmen employed in construction work. The victim belongs to
the group of workers who were brought from Bengal. On account of
the alleged negligence of the alleged victims those working beneath
had suffered injuries and consequent to that, later, there was a dispute
and quarrel. In the course of such quarrel, the victims were allegedly
beaten with dangerous weapons like iron rods etc. by a group of
workmen. 4 persons are specifically named in the F.I statement
lodged before the police after 4 days of occurrence. One of the victims
had suffered injuries to kidney and ultimately one kidney of his had to
be removed also. The petitioners are not shown initially in the array
of accused. 4 persons though named in the F.I.R, 2 of them have
been deleted from the array. In their place, the petitioners have been
brought on the array. Though initially allegations under Section 149
B.A.No.6420 of 2007 2
I.P.C and other allied offences were raised, now allegation is raised
only under Sections 324 and 307 r/w 34 I.P.C.
2. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. They have been unnecessarily
brought on the array of accused. Even going by the version of the
prosecution, it can be seen that a number of other persons were
available at the scene. Omnibus allegations were raised against all
such persons. Ultimately the petitioners who were not named in the
F.I.R have been dragged into the controversy. Investigation is already
complete. The petitioners may not be compelled to endure the trauma
of arrest and detention. Anticipatory bail may be granted to the
petitioners, it is prayed.
3. The learned Public Prosecutor submits that the State does
not at this stage want to oppose the application for anticipatory bail,
the substantial portion of the investigation having already been
completed.
4. I have perused the case diary. Considering the nature of
the contention, I am satisfied that the petitioners can be granted
anticipatory bail subject to appropriate terms and conditions.
5. In the result, the Bail Application is, allowed. The following
directions are issued under Section 438 Cr.P.C.
i) The petitioners shall appear before the learned Magistrate
at 11 a.m on 31.10.07. They shall be enlarged on regular bail on their
B.A.No.6420 of 2007 3
executing a bond 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;
ii) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m and 3
p.m on 01.11.07 and 02.11.07 and thereafter between 10 a.m and 12
noon on all Mondays and Fridays for a period of one month.
Subsequently the petitioners shall make themselves available for
interrogation before the Investigating Officer as and when directed by
the Investigating Officer in writing to do so;
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
31.10.07 as directed in clause (1) above, they shall be released from
custody on their executing a bond for Rs.25,000/- (Rupees Twenty
Five thousand only) each without any sureties undertaking to appear
before the learned Magistrate on 31.10.07.
(R.BASANT, JUDGE)
rtr/-
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