IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Bail Appl..No. 4544 of 2008() ----------------------------- (CRIME NO.607/2008 OF IRINJALAKUDA POLICE STATION) PETITIONER --------------------------- SALEESH @ KANNAN, AGED 23 YEARS, S/O. MOHANAN, PARAPPURATH HOUSE, MURIYAD P.O., THRISSUR BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE IRINJALAKUDA,REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4544 of 2008 ----------------------------------------------- Dated this the 25th day of July, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Section 143, 147, 148, 341, 323, 324, 308 and 149 of IPC. According to prosecution, on 20.6.2008 at about 5.30 p.m., the petitioner along with other accused formed themselves into an unlawful assembly and assaulted the de facto complainant using iron rod. 3. Learned counsel for the petitioner submitted that this was an attack on the petitioner and co-accused by the de facto complainant and others. In fact, they sustained very serious injuries and they were hospitalised. The incident occurred on 20.6.2008 and even now one of the accused is in the hospital, having sustained fracture to various parts of the body. A complaint was given by one of the injured and a crime was registered under Sections 143, 147, 148, 341, 324, 308 and 149 of IPC. The de facto complainant did not sustain any serious injuries except minor injury on the head but offence under Section 308 IPC is included only with a view to harass the petitioner and the co- accused in the case. [B.A.No.4544/08] 2 4. One of the accused in this crime was granted anticipatory bail as per order dated 23.7.2008 in B.A.No.4598 of 2008. As per the allegations in this case, the first accused aimed a blow at de facto complainant but he evaded the same and hence he did not sustain any injury. But second accused took a stone and hit him on the head and thereby he sustained an injury on the head. 5. In such circumstances, learned Public Prosecutor submitted that if anticipatory bail is being granted, a direction may be issued to the petitioner to surrender before the investigating officer and make himself available for interrogation. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner on conditions. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer within 7 days from today and make himself available for interrogation. 2) Thereafter, if the petitioner is arrested, he shall be produced before the Magistrate Court concerned in accordance with law. 3) On production of the petitioner before the learned Magistrate, if any bail application is filed, he shall be released on bail on his executing a bond for Rs.25,000/- [B.A.No.4544/08] 3 with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: i) Petitioner shall co-operate with the investigation and make himself available for interrogation as and when directed. ii) Petitioner shall not intimidate any witness or tamper with any evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.