IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6157 of 2007()
1. PRASAD, S/O.G.CHANDRAN,
... Petitioner
2. PRADEEP, S/O.G. CHANDRAN,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :30/10/2007
O R D E R
R. BASANT, J.
-------------------------------------------------
B.A. No. 6157 OF 2007
-------------------------------------------------
Dated this the 30th day of October, 2007
ORDER
Application for anticipatory bail. The petitioners are
accused 1 and 2. Altogether, there are 5 accused persons.
They face allegations for offences punishable, inter alia, under
Sec.308 read with Sec.149 of the IPC. The alleged incident
took place on 16/9/07. A case and counter case have been
registered in respect of the incident. The parties have now
settled their disputes, it is submitted. The learned counsel for
the petitioners, in these circumstances, prays that anticipatory
bail may be granted to the petitioners. Injuries have been
sustained by the members of both the groups. Allegation
under Sec.308 of the IPC has been raised unnecessarily,
submits the learned counsel for the petitioners.
2. The learned Public Prosecutor, after taking
B.A. No. 6157 OF 2007 -: 2 :-
instructions, confirms that the matter has been settled between
the rival contestants. The learned Public Prosecutor submits
that the State, in these circumstances, has no objection against
the grant of anticipatory bail to the petitioners. I am satisfied,
in the circumstances narrated above, that anticipatory bail can
be granted to the petitioners subject to appropriate terms and
conditions.
3. 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 6/11/07. 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 7/11/07 and thereafter 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
B.A. No. 6157 OF 2007 -: 3 :-
as if these directions were not issued at all;
(iv) If the petitioners were arrested prior to their surrender
on 6/11/07 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 6/11/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge