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. 631 of 2009() ---------------------------------- CRIME NO.39/2009 OF CHANDERA POLICE STATION PETITIONER/ACCUSED 5 : ------------------------------- AKBER M.T.P., AGED 16 YEARS REP. BY HIS MOTHER M.T.P. SUBAIDA AND GUARDIAN SAFIYA MANZIL, THANKAYAM, NORTH THRIKKARIPUR VILLAGE, KASARAGOD. BY ADV. SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI RESPONDENTS/COMPLAINANT : -------------------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE CHANDERA, HOSDURG. 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. -------------------------------- B.A. No.631 OF 2009 -------------------------------- Dated this the 10th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 153(A) read with 149 of I.P.C. and Section 27 of Arms Act. According to prosecution, petitioner (fifth accused) along with other accused formed into an unlawful assembly and committed the various offences with intention to disturb the communal harmony. 3. Learned counsel for petitioner submitted that petitioner is a boy aged 16 years. He is studying in 10th standard. His examination commences on 10th February, 2009 as evidenced by Annexure A1, a certificate issued by the Headmaster. Petitioner is a juvenile and the co-accused are granted bail. Hence, anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor submitted that taking into consideration the peculiar facts and circumstances, he has no objection in granting anticipatory bail for a short period. B.A.No.631 of 2009 2 On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner for a short term and hence, the following order is passed : Petitioner shall surrender before the Juvenile court concerned within two weeks from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. iii) This order will be in force till 31.03.2009. The petition is allowed. K.HEMA, JUDGE pac