IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Bail Appl..No. 3538 of 2008 ------------------------------------- (CRIME NO. 278/07 OF SULTHAN BATHERY POLICE STATION) PETITIONERS/ACCUSED NO.19 ------------------------------------------ CHATHU, AGED 58, S/O.KOTHA, KUPPIL HOUSE, KALLIYETTUKUNNU, MANANTHAVADI. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS: COMPLAINANT & FORMAL PARTY -------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, SULTHAN BATHERY. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3538 OF 2008 ----------------------------------- Dated this the 4th day of June, 2008. O R D E R This is a petition for bail. 2. According to the prosecution, petitioner along with other accused formed into an unlawful assembly with dangerous weapons and attacked the de facto complainant, Sub Inspector of Police, and other police officials with deadly weapons with the intention to commit murder and caused grievous hurt to the Sub Inspector and thus committed offences under Sections 143, 147, 148, 120(b), 333 and 307 read with Section 149 of Indian Penal Code. 3. Learned counsel appearing for the petitioner submitted that the petitioner is falsely implicated in the case. He is arrayed as accused No.19 at a highly belated stage. His name was nowhere in the picture, till recently, it is submitted. The incident happened on 15.06.2007 and the petitioner is taken into custody on 18.04.2008. 4. It is also submitted by learned counsel appearing for the petitioner that there was an agitation in the locality, since an B.A. No. 3538/08 2 Adivasi boy was convicted on the allegation of stealing food from the kitchen of a priest. Some incident happened and a crime was registered. Immediately after the registration of this crime, another crime was also registered on the allegation that the Sub Inspector was attacked. In both the cases, the petitioner was arrayed as accused No.19. 5. This petition is opposed. On hearing both sides, I find that it is only fit to grant bail to the petitioner on conditions. Hence, the petitioner is granted bail on the following terms and conditions: 1) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court. 2) Petitioner shall report before the Investigating Officer on alternate Mondays between 10 a.m. to 1p.m. This petition is allowed. K. HEMA, JUDGE. smp