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
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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
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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
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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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