IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 7899 of 2008() ----------------------------- (CRIME NO.66 OF 2008 OF ANCHUTHENGU POLICE STATION) PETITIONER/2nd ACCUSED: ------------------------------ JOSEPH JOBOY S/O.JOSEPH, DANISH HOUSE,MANNKULAM, ANCHUTHENGU KADAKKAVOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7899 of 2008 --------------------------------------------------- Dated this the 10th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 427, 452, 323, 324, 354 and 294(b) of Indian Penal Code. According to prosecution, on 5.7.2008 at about 7.30 p.m. petitioner (A2) along with other accused formed into an unlawful assembly and assaulted de facto complainant with intention to outrage her modesty and also caused damage to the articles in the house and used filthy language to abuse her etc. 3. Learned counsel for petitioner submitted that petitioner has not committed any offence. He had resisted an illegal arrest made by the Sub Inspector of Police in the locality and petitioner was threatened to be implicated in a non-bailable offence. Though the petitioner is innocent of the allegations made, he is implicated in this offence only to wreak vengeance . When he came to know about false implication, he made a complaint to the Deputy Superintend of Police stating all these facts. It is also submitted that no injury is sustained by de facto [B.A.No.7899/08] 2 complainant and hence he may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that petitioner is not required for the purpose of investigation. Charge-sheet is already laid and the police is not intending to arrest petitioner for the purpose of investigation. Petitioner may be directed to surrender before the appropriate court and seek bail under Section 437 of Cr.P.C., it is submitted. 5. On hearing both sides, I find, in the light of the submissions made by learned Public Prosecutor, that there is no apprehension of arrest from the side of police, since charge-sheet is already laid. Hence, petitioner may surrender before the court concerned or appear on receipt of summons and file application under Section 437 Cr.P.C. in which event, petition will be disposed of on merit, as expeditiously as possible, considering the contentions raised by petitioner. Petition is disposed of accordingly. K. HEMA, JUDGE. Krs.