IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1317 of 2008()
1. SAJID, S/O.ABDULLA,
... Petitioner
2. MAJID, S/O.ABDULLA MOHAMMED,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.M.K.ABOOBACKER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :24/03/2008
O R D E R
R.BASANT, J.
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B.A.No.1317 of 2008
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Dated this the 24th day of March 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 6 and 7. 15 named accused and 15 others not named
are arrayed as accused in that crime which is registered for
offences punishable inter alia under Sections 452, 326 and 307
read with 149 I.P.C. The alleged incident took place on
22/1/2008. Political animosity is the alleged motive. The
petitioners allegedly belong to the N.D.F and the injured/victim
do allegedly belong to the C.P.M. Investigation is in progress.
The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. In fact, there were two
incidents that had taken place on that day. The petitioners had
suffered injuries in the other incident and they were
hospitalised. Subsequently false allegations have been raised
against the petitioners. The petitioners are students. They have
to write their examinations. The examinations continue till
29/03/2008. Anticipatory bail may be granted to the petitioners
and the petitioners may be permitted to write their examination
in peace, submits the learned counsel for the petitioner.
B.A.No.1317/08 2
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the incident in this case
has taken place long prior to the incident in the other case. Even
assuming that the petitioners have suffered injuries in the latter
incident, that does not disprove their involvement in the present
crime. Allegations are serious. Satisfactory materials have been
collected against the petitioners. In any view of the matter, the
petitioners may not be granted anticipatory bail. They may be
directed to surrender before the learned Magistrate or the
investigating officer and then seek regular bail in the ordinary and
normal course, submits learned Public Prosecutor. The learned
Public Prosecutor, however, fairly submits that appropriate
arrangement can be made so that the petitioners can write their
examinations without the threat and risk of being arrested before
such examinations are completed on 29/03/2008.
4. Having considered all the relevant circumstances, I am
persuaded to agree that though specific directions under Section
438 Cr.P.C to release the petitioners on bail is not necessary, there
can be directions issued which shall facilitate and enable the
petitioners to write their examinations in peace without the threat
and risk of being arrested before such examination is completed.
B.A.No.1317/08 3
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned Magistrate
having jurisdiction at 11 a.m on 03/04/2008. The petitioners may
apply for regular bail after giving prior notice to the Prosecutor in
charge of the case. The Police may also make appropriate
application before the learned Magistrate. The learned Magistrate
must consider all such applications and proceed to pass appropriate
orders expeditiously. The petitioners shall comply with such orders
to be passed by the learned Magistrate on such application.
(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
these directions were not issued at all.
(iv) If they were arrested prior to 03/04/2008, they shall be
released from custody 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
03/04/2008.
(R.BASANT, JUDGE)
B.A.No.1317/08 4
jsr
B.A.No.1317/08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007