IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Bail Appl..No. 7288 of 2008() ----------------------------- CMP.2511/2008 of C.J.M.,THALASSERY CRIME NO.389/08 OF KOLAVALLOOR POLICE STATION PETITIONER/ACCUSED A1 ----------------------------------------- ARAPARAMBATH POKKER @ ABOOBACKER, AGED 30 YEARS, S/O. ARAPARAMBATH ABDULLA, ARAPARAMBATH HOUSE, THRIPRANGOTTUR AMSOM, KADAVATHUR DESOM. BY ADV. SRI.K.ANAND RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. THE SUB INSPECTOR OF POLICE KOLAVALLOOR POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON 25/11/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7288 of 2008 ----------------------------------------- Dated this the 25th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 427 and 308 read with 149 of the Indian Penal Code. According to prosecution, petitioners, along with other accused total seven in number, formed into an unlawful assembly, armed with deadly weapons like iron rod, stick etc. assaulted de facto complainant and caused injuries. Motorcycle was also damaged. 2. Petitioners are accused 1, 3 and 4 in the crime. It is submitted that first petitioner is first accused, who was arrested while anticipatory bail application filed by him was pending consideration before this Court. He was arrested on 12.11.2008 and he is in custody since then. 3. This petition is not opposed and hence bail is granted to petitioner on the following terms and conditions: BA.7288/08 2 i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.