IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3748 of 2008()
1. SHIJU.M, S/O. A.M. BASHEER,
... Petitioner
2. ABDUL VAHAB, AGED 72,
Vs
1. STATE OF KERALA, REP. BY STATION
... Respondent
For Petitioner :SRI.P.M.HABEEB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3748 of 2008
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Dated this the 20th day of June, 2008
O R D E R
This petition is for anticipatory bail.
2. On the basis of the First Information Statement given by
the defacto complainant, a crime is registered under Sections 324
and 308 of Indian Penal Code. Later the crime was altered and
offence under Section 307 and 34 IPC included.
3. Petitioners are accused 3 and 4 in the crime. Learned
counsel for petitioners submitted that a reading of the First
Information Statement will show that only one person was involved
in the offences and he was named in the First Information
Statement. There is no allegation that any other person was
involved. Therefore, crime was registered against that person under
Sections 324 and 308 of Indian Penal Code. Subsequently, due to
the influence of the defacto complainant’s parents, who are CMI(M)
Local Secretary and the District Panchayat Member respectively,
five other persons were brought into the array of accused. There
was absolutely no whisper in the First Information Statement
regarding the involvement of any other person than one Sakkir in
the First Information Statement.
BA.3748/08 2
4. Learned counsel for petitioners also submitted that there is
a dispute between the defacto complainant and the accused in
connection with a Mosque. Petitioners resisted the defacto
complainant from continuing as office bearer of the Mosque. Out of
this enmity, the petitioners are deliberately brought into array of
accused. Though the crime is registered for the offences under
Sections 308 and 324 IPC, it was deliberately altered under
Sections 307 and 34 IPC also. It is also submitted that the injury is
not very serious and the defacto complainant was discharged from
the hospital within two hours and he went to the police station to
lodge the complaint.
5. This petition is strongly opposed. Learned Public
Prosecutor submitted that though the defacto complainant was
discharged from the hospital, he was later admitted in a private
hospital. It is also submitted that conspiracy is involved in this case
and the petitioners are the actually offenders.
6. On hearing both sides, I am satisfied that it is only a fit and
proper case to grant anticipatory bail to the petitioners.
Hence, the following order is passed:
The petitioners shall surrender before the Magistrate Court
within seven days from today and on surrender, if bail application is
BA.3748/08 3
moved, they shall be released on bail on their executing bond for
Rs.25,000/- each with two solvent sureties each for the like sum to
the satisfaction of the Magistrate, on condition that they shall co-
operate with the investigation.
This petition is allowed.
K.HEMA, JUDGE
vgs.