IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1656 of 2008()
1. RAMESH, AGED 30 YEARS,
... Petitioner
2. PURUSHAN, AGED 52 YEARS,
3. KAILASAN, AGED 35,
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.E.RAFEEK
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :26/03/2008
O R D E R
R. BASANT, J.
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B.A.No. 1656 of 2008
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Dated this the 26th day of March, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 to 3. There are three injured persons. About an
incident which took place on 28.2.2008, allegations and counter
allegations have been raised. In this crime against the petitioners
allegations are raised under Sections 324 and 307 I.P.C. inter
alia. In the crime registered against the defacto complainant in
this crime, allegations are raised under Section 324 I.P.C.
Sword stick is the weapon allegedly used by the defacto
complainant, whereas sickle is the weapon allegedly used by the
petitioners. The first accused is even now undergoing treatment
in the hospital, it is submitted.
2. The learned counsel for the petitioners submits that the
petitioners are innocent and that they are really the victims of
aggression and not the aggressors. Inclusion of the allegation
under Section 307 I.P.C. against the petitioners is most
B.A.No. 1656 of 2008
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unjustified and reflects only the influence which the defacto
complainant is able to exercise over the police. It is prayed that the
petitioners may now be granted anticipatory bail. They shall co-
operate with the investigators, it is submitted.
3. The learned Prosecutor does not oppose the application, but
submits that appropriate and strict conditions may be imposed.
4. Having considered all the relevant inputs, I am satisfied that
appropriate directions can be issued under Section 438 Cr.P.C. in
favour of the petitioners, subject to appropriate conditions.
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 2.4.2008 at 11 a.m. The learned Magistrate shall release the
petitioners 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.
B.A.No. 1656 of 2008
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(b) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m. and 3
p.m. on 3.4.2008 and 4.4.2008 and thereafter on all Mondays and
Fridays between 10 a.m. And 12 noon for a period of one month 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 2.4.08
and the police shall be at liberty thereafter to arrest the petitioners and
deal with them in accordance with law.
(e) If the petitioners were arrested prior to their surrender on
2.4.2008 as directed in clause (1) above, they shall be released on
bail on their executing bonds for Rs.50,000/- without any surety
undertaking to appear before the learned Magistrate on 2.4.2008.
(R. BASANT)
Judge
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