IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 5839 of 2008() ----------------------------- CRIME NO.30/08 OF PALAKKAD EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- RAMESHKUMAR.K.P, KIZHAKKEKKARA HOUSE, MANIMALA.P.O. BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE/COMPLAINANTS ------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5839 of 2008 ----------------------------------------- Dated this the 23rd September, 2008 O R D E R This petition is for anticipatory bail. 2. On a statement given by the de facto complainant, a crime was registered against six persons under Sections 143, 144, 148, 452, 308, 324 read with 149 of Indian Penal Code. According to prosecution, the petitioner along with other accused committed house trespass into the shop of de facto complainant and assaulted him by using weapons and committed the various offences, after forming themselves into an unlawful assembly. They went to the spot in two motorcycles and an auto rickshaw. 3. Learned counsel for petitioner submitted that the petitioner is implicated as 9th accused in the crime, but in the First Information Statement only six persons were involved in the crime and they had come in the motorcycles. There is no whisper regarding the involvement of any auto rickshaw or any other persons other than the six accused. The petitioner is subsequently implicated falsely on an afterthought. But he has absolutely no role in the crime. It is also submitted that the 7th BA.5839/08 2 and 10th accused were granted anticipatory bail as per order dated 3.9.2008 in B.A.No.5481 of 2008. They were also subsequently implicated just as the petitioner herein. On hearing both sides, I find that the petitioner can be granted anticipatory bail, since the petitioner's involvement brought to light at a belated stage and there was no allegation that more than six persons were involved in the crime, as per the First Information Statement. Hence, the following order is passed: Petitioner shall surrender before the investigating officer within 7 days from today and he shall be released on bail, in the event of his arrest if any, 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: i) Petitioner shall make himself available for interrogation by investigating officer as and when directed by him. ii) Petitioner shall co-operate with the investigation. Petition is allowed. K.HEMA, JUDGE vgs.