IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Bail Appl..No. 7038 of 2008() ----------------------------- CRIME NO.289/08 OF POOJAPPURA POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ SAJITH KUMAR R.S.S/O. K.SATHYAN, RAJITHA BHAVAN, TC.19/1808, KESAVAN NAIR ROAD,LANKA NAGAR, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OOF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7038 of 2008 ----------------------------------------- Dated this the 18th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 323 and 324 of the Indian Penal Code read with 27 of Arms Act. According to prosecution, on 9.10.2008, petitioner (first accused) along with other six accused assaulted de facto complainant. First accused brandished a sword. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. De facto complainant's brother used to harass second accused's sister by teasing her and this was questioned by second accused. There was a quarrel between second accused and de facto complainant's brother on the previous day of the alleged incident on account of this. Being offended by this, de facto complainant and others came to the house of second accused and they assaulted second accused. 4. First accused is only second accused's friend and neighbour and he is a student. He is unnecessarily arrayed as an accused in this case, it is submitted. It is pointed out that reference is made in the First Information Statement given by de facto complainant regarding the incident which occurred on the previous day between BA.7038/08 2 first accused's brother and second accused. It is also submitted that petitioner is a degree student. On hearing both sides, I find that suitable direction can be given and the following order is passed: i) Petitioner shall surrender before the investigating officer within seven days from today and co- operate with the investigation and make himself available for interrogation. ii) In the event of petitioner's arrest, petitioner shall be released on 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 the following conditions: a) Petitioner shall report before the investigating officer as and when directed. b) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.