IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6451 of 2008() ----------------------------- CRIME NO.189/08 OF MANJESHWAR POLICE STATION PETITIONER/5TH ACCUSED. ------------------------------------------- MUHAMMED ZUBAIR, S/O.MOIDEENKUNHI, AMBIKANA HOUSE, PAIVALIKE P.O., KASARAGOD. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6451 of 2008 ----------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 395 of the Indian Penal Code. According to prosecution, on 2.7.2008 between 9.30 PM and 10 PM, de facto complainant and his friend were proceeding on a motorcycle while accused waylaid the motorcycle and assaulted de facto complainant and his friend and took away two mobile phones, Rs.18,000/- etc. 2. Learned counsel for petitioner submitted that petitioner is fifth accused and he is innocent of the allegations made. He is only a boy, aged 19 years, studying for Ist year B.Com., as evidenced by Annexure A1. It is also submitted that first accused's relative, Jameela used to get telephone calls to her mobile phone and she used to be harassed by repeatedly calling her. When the harassment became unbearable, she divulged the fact to first accused and his friends. The accused decided to arrange a trap to catch hold of the person and warn him and Jameela was asked to tell the person to come to a particular place. Accused waited there and de facto complainant proceeded to the place and on smelling some danger, he, along with another person, tried to escape, it is submitted. BA.6451/08 2 3. Accused then blocked his way and warned him and on a punishment mobile phones were asked to be handed over to them, but, they did not intend to commit any offence as alleged. It is submitted that de facto complainant did not sustain any serious injuries and no weapons were used and petitioner had not taken part in the incident. First accused is already arrested and released on bail. The mobile phones are handed over by first accused to police. Nothing is to be recovered from petitioner and he is not required for any recovery. It is also submitted that according to prosecution itself, petitioner had not assaulted, but he only held de facto complainant while others assaulted him. Since incident occurred in this manner, no motive is alleged for commission of offence, it is submitted. 4. This petition is opposed. However, learned Public Prosecutor conceded that no motive is alleged for the alleged assault on de facto complainant and that there are no seiouos injuries except contusions. 5. On hearing both sides, considering the facts and circumstances of the case, I find that it is only fit and proper that anticipatory bail can be granted to petitioner, who is only aged 19 years. In the result, the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and in the event of his arrest, he shall be released on BA.6451/08 3 bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on condition that he will co-operate with the investigation and he will himself available for interrogation as and when directed by the police and that he will not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.