IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7686 of 2007()
1. MUBARAK SULAIMAN, AGED 29 YEARS,
... Petitioner
2. ASHRAF @ MOHAMMED ASHRAF, AGED 24 YEARS,
3. MOHAMMED ASIF, AGED 18 YEARS,
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.ANAND
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 7686 OF 2007 A
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Dated this the 7th day of January, 2008
O R D E R
Application for anticipatory bail. Petitioners are
accused Nos.1, 4 and 5. Altogether there are 13 accused
persons. Three of them are named in the FIR. The alleged
incident took place on 14.10.07. There are two injured
persons. It is alleged that the injured persons along with
others were proceeding to the house of their close relative.
They were allegedly attacked when they were so proceeding.
The victim has suffered grievous injuries. Investigation is in
progress. The petitioners apprehend imminent arrest.
2. According to the petitioners, they are absolutely
innocent. In fact, the incident did not take place in the
manner alleged by the prosecution. There is a counter case
also registered. The de facto complainant in this case had
allegedly trespassed into the house of one of the petitioners
and had indulged in acts of violence. A counter case has
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been registered. The petitioners apprehend imminent arrest
in this crime.
3. The learned Public Prosecutor, after taking
instructions, does not oppose the application for anticipatory
bail filed by the petitioners. The learned Public Prosecutor
submits that in the counter case, the allegations raised by the
petitioners have been accepted by the police and the final
report has been filed. In the light of that circumstance, the
learned Public Prosecutor submits that the police have no
objection against grant of anticipatory bail to the petitioners
subject to appropriate terms and conditions.
4. I am satisfied in the facts and circumstances of this
case that the petitioners can be granted anticipatory bail. In
the absence of opposition by the learned Public Prosecutor, it
is not necessary for me to advert to the facts in any greater
detail in this order.
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
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the petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 14.1.08. They
shall be released on regular bail on condition that they
execute bonds 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.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 15.1.08 and 16.1.08. During this period, the
police shall be at liberty to interrogate the petitioners in
custody and take all necessary steps for the proper
investigation of the case. 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.
Subsequently the petitioners shall so appear as and when
directed by the investigating officer in writing to do so.
(iii) If the petitioners do not appear before the learned
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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.
(iv) If they were arrested prior to 14.1.08, they shall be
released from custody on their executing a bond for
Rs.50,000/- (Rupees fifty thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
14.1.08.
(R.BASANT, JUDGE)
aks