IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Bail Appl..No. 3552 of 2008() ----------------------------- CRIME NO.206/2008 OF BAIKAL POLICE STATION : PETITIONER/ACCUSED ----------------------------------- SHAHIED, @ SASI, S/O.MOHAMMED ALIAS, AGED 32/08, RESIDING AT KIZHEKKARA HOUSE, UDMA PADINHAR, UDMA P.O., BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE, BAIKKAL POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3552 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2008 O R D E R Petitioner is the 3rd accused in the crime. The alleged offences are under sections 143, 147, 148, 323 read with section 149 IPC. According to the prosecution, the petitioner along with 8 others formed themselves into an unlawful assembly and committed the offences alleged. 2. The learned counsel for the petitioner submitted that as per the First Information Statement, the defacto-complainant was assaulted by the 1st accused using an iron rod and there were only four assailants. They were all named in the First Information Statement itself. Subsequently, a report is filed stating that accused 5 to 13 are involved and a request is made to alter the sections to 143, 147, 148, 323 and 149 IPC and to delete section 34 IPC. Later another request was mad by the Investigating Officer to delete the original accused 1 to 4 from the array of the accused and the petitioner is the 3rd accused. 3. It is submitted that the petitioner is totally innocent of the allegations made and other co-accused were granted bail. In the above circumstances, I find that the following order can be passed:- The petitioner shall be released in the event of his arrest on his BA 3552/08 -2- executing a bond for Rs. 20,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that he will make himself available for interrogation and co-operate with the investigation. The application is allowed. K. HEMA, JUDGE. mn.