IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7564 of 2007()
1. SUNIL (AI),S/O.LAKSHMANAN ASSARI,
... Petitioner
2. AJMUDEEN (A2),S/O.SHAMSUDEEN,
3. SHAFEER (A3),S/O.SHAHUL HAMEED,
4. VIJU CHELLAPPAN (A4),S/O.CHELLAPPAN,
Vs
1. STATE OF KERALA (CRIME NO.361/07 OF
... Respondent
For Petitioner :SRI.ALAN PAPALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :13/12/2007
O R D E R
R. BASANT, J.
-------------------------------------------
B.A. NO. 7564 of 2007
-------------------------------------------------
Dated this the 13th day of December, 2007
ORDER
Application for regular bail. The petitioners are accused
1 to 4. Altogether, there are four accused persons. They face
allegations in a crime which was initially registered, inter alia,
under Sec.302 of the IPC. In the course of investigation, the
Section of offence has been altered to Sec.304 of the IPC.
Investigation is in progress. Final report has not been filed
yet.
2. The crux of the allegations against the petitioners is
that they were proceeding on two motor-cycles on the evening
of 31/10/07. They allegedly picked up a quarrel with some
others at a bus waiting shed near the place of occurrence in
this case. About that incident, another crime has later been
registered. After the incident in that case, the four petitioners
herein were moving away from the said scene of the crime in
two motor-cycles. Allegedly on receiving information from the
persons, who were involved in that incident at the bus waiting
B.A. NO. 7564 of 2007 -: 2 :-
shed, the deceased in this case and others came on to the road
and allegedly wanted to obstruct the escape of the accused
persons. There, it is alleged that the deceased was knocked
down and attacked by the petitioners who were proceeding on
two motor-cycles. The deceased and others with him suffered
injuries. The deceased succumbed to his injuries. Accused No.2
was arrested on 1/11/07. In fact, the Case Diary shows that he
was intercepted and detained at the scene of the crime itself by
others. Accused No.3 was arrested on 2/11/07 and accused
Nos.1 and 4 were arrested on 12/11/07. They continue in
custody from those dates.
3. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. After the incident in the
earlier scene, they were going away from the scene. They were
victims of aggression even in that first incident. While they were
trying to go away from the scene, the deceased in this case and
some others tried to obstruct them and attack them. They, who
were passing on the motor-cycles, were intercepted and the
motor-cycles were pushed down leading to the fall of the
petitioners. Apprehending danger to them, they took to their
heels. The deceased who had come to the scene of the
B.A. NO. 7564 of 2007 -: 3 :-
occurrence with the intention of attacking them had fallen in the
course of the incident and had suffered injuries. In any view of
the matter, the petitioners cannot be said to be liable for any
offence under Sec.302 or Sec.304 of the IPC, submits the
learned counsel for the petitioners. The petitioners, who have
remained in custody from the dates referred above, may now be
enlarged on bail, submits the learned counsel for the petitioners.
4. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the petitioners with
the deliberate intention of attacking the victim and knocking him
down had hit him with the motor-cycle and had indulged in the
acts of violence against him. The petitioners and the victim
belong to two different political parties. A tense law and order
situation prevails in the locality. In these circumstances, the
petitioners may not be released on bail at this stage of the
investigation. If the courts were inclined to grant regular bail to
the petitioners, some further time may be granted to the
Investigator to complete the investigation. The presence of the
petitioners at the scene of the crime may be excluded by
appropriate directions in the interests of maintenance of law and
order in the locality.
B.A. NO. 7564 of 2007 -: 4 :-
5. I have considered all the relevant inputs. As the
reasons which prompted the Investigating Officer to alter the
Section from Sec.302 to Sec.304 of the IPC was not very clear to
this Court, the learned Public Prosecutor was requested to place
the Case Diary to make detailed submission. I am yet to find
satisfactory reasons for the Investigating Officer to reduce the
Section of offence from Sec.302 to Sec.304 of the IPC at this
stage of the investigation. That subtle discretion should
normally not be exercised by the Investigating Officer at this
early stage of the investigation. Be that as it may, I take note of
the totality of the circumstances in this case. I am of opinion
that subject to appropriate conditions which shall allay the
apprehension aired by the learned Public Prosecutor and
safeguard the interests of a fair, efficient and expeditious
investigation, the petitioners can be granted regular bail subject
to conditions.
6. In the result:
(a) This application is allowed. The petitioners shall be
released on bail on the following terms and conditions:
(i) The petitioners shall not be released from custody on
B.A. NO. 7564 of 2007 -: 5 :-
the strength of this order prior to 27/12/2007. The Investigator
shall, in the meantime, make every endeavour to complete the
investigation.
(ii) The petitioners shall execute bonds for Rs.1,00,000/-
(Rupees one lakh only) each with two solvent sureties each for
the like sum to the satisfaction of the learned Magistrate.
(iii) The petitioners shall make themselves available for
interrogation before the Investigating Officer on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of three
months from the date of their release from custody and
thereafter as and when directed by the Investigating Officer in
writing to do so.
(iv) During the said period of three months, the petitioners
shall not enter the jurisdiction of Chadayamangalam Police
Station without the prior permission of the learned Magistrate,
except for the purpose of complying with Condition No.(iii)
above.
7. The learned counsel for the petitioners submits that
accused No.4 wants to attend a meeting of the Nilamel Grama
Panchayat for election of its President at 11 a.m. on 17/12/2007.
He prays that appropriate directions may be issued to ensure
B.A. NO. 7564 of 2007 -: 6 :-
that he is able to participate in the said meeting.
8. There shall be a direction that the petitioner No.4/
accused No.4 shall be permitted to attend that meeting with
necessary police escort. Arrangement to that effect shall be
made by the Superintendent of the Sub Jail, Kottarakkara.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge