IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3333 of 2008() ----------------------------- CRIME NO. 27/2008 OF ADHUR POLICE STATION PETITIONRE : ACCUSED NO.31 ------------------------------ SATHEESHAN, AGED 35 YEARS, S/O.BHAVANISHANKAR, CHIPLIKAYAM,MULIYAR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.27 OF 2008 OF ADHUR POLICE STATION KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3333 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2008 O R D E R Application is anticipatory bail. 2. According to the prosecution, on 20th January, 2008 at about 7 p.m. two groups of persons belonging to the B.J.P. and the Muslim League formed an unlawfully assembly and committed certain acts of violence and mischief and when the police party reached the spot on getting information, they were attacked by pelting stones to deter them from the discharge of their official duty. The petitioner is accused No.31 in the crime. The alleged offences are under sections 143, 147, 148, 308, 353, 427 read with section 149 IPC. 3. According to the petitioner, he is innocent of the allegations made. The learned counsel for the petitioner argued that the petitioner has been implicated in the crime at very later stage. His name was not mentioned in the F.I.R. He was arrayed as accused as per the report filed much after the incident. It is also submitted that co-accused were granted BA 3333/08 -2- bail. The learned Public Prosecutor conceded that accused 1 to 7 and 13 to 15 were granted bail by the Magistrate. It is also pointed by the learned counsel for the petitioner that as per an order in an anticipatory bail application passed by this Court (Annexure-AIV) it was ordered that the court below shall dispose of the bail application eschewing and ignoring the allegation under section 308 IPC. There is no reason why this shall not apply to this case also. 4. It is submitted by the learned Public Prosecutor that charge sheet has been already laid and therefore the proper course available to the petitioner is to seek regular bail before the court below. The learned counsel for the petitioner submits that the petitioner is prepared to surrender before the Magistrate and file an application for regular bail. 4. Hence, the following directions are issued:- Petitioner shall surrender before the Magistrate concerned within ten days from today if he files the application, the same shall be disposed of in accordance with law, as expeditiously as possible, bearing in mind the observations relating to the offence under BA 3333/08 -3- section 308 IPC and also all other contentions raised by the petitioner. The application is disposed of as above. K. HEMA, JUDGE. mn.