IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3818 of 2007()
1. RATHEESH, CHUTTIPARACKAL VEEDU,
... Petitioner
2. SADASIVAN PILLAI C.R., KOONAMANGAL HOUSE
3. ANISHKUMAR G., ARYAT HOUSE,
4. SAJI KUMAR, CHIRATTOLIL HOUSE,
5. BINU ALIAS KOCHUMON, VILLATH HOUSE,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.G.ARUN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :26/06/2007
O R D E R
R.BASANT, J
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B.A.No.3818 of 2007
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Dated this the 26th day of June, 2007
ORDER
Application for anticipatory bail. Petitioners are accused 2, 8, 9,
12 and 13 and they face allegations, inter alia, under Sections 332
and 308 I.P.C. The alleged incident took place on 30.03.2007. On
receipt of information that there was a chance of a political clash in a
locality, the police party allegedly rushed to the scene. A police
official was attacked and deterred from performing his work. The
members of the group allegedly indulged in acts of violence.
Altogether there are 18 accused. The petitioners apprehend imminent
arrest.
2. In response to a specific query by this Court, it is
submitted that no serious injury is reported to be suffered by anyone
of the victims. I find merit in the submission of the learned counsel
for the petitioners that exaggerated allegations have been raised
against the petitioners on account of political animosity. I am, in
these circumstances, satisfied that directions under Section 438
Cr.P.C can be issued in favour of the petitioners.
3. In the result, the Bail Application is, allowed. The
following directions are issued under Section 438 Cr.P.C.
B.A.No.3818 of 2007 2
i) The petitioners shall appear before the learned Magistrate
at 11 a.m on 03.07.2007. They shall be enlarged on regular bail on
their 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 4
p.m on 04.07.2007 and 05.07.2007 and thereafter between 10 a.m
and 12 noon on all Mondays and Fridays for a period of three months
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 as if those
directions were not issued at all;
iv) If the petitioners were arrested prior to their surrender on
03.07.07 as directed in clause (1) above, they shall be released on bail
on their executing a bond for Rs.25,000/- (Rupees Twenty Five
thousand only) without any sureties undertaking to appear before the
learned Magistrate on 03.07.07.
(R.BASANT, JUDGE)
rtr/-
B.A.No.3818 of 2007 3