IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Bail Appl..No. 1896 of 2010() ----------------------------- (CRIME NO.562/2009 OF NEDUPUZHA POLICE STATION, THRISSUR DISTRICT) PETITIONER/ACCUSED NO.2: ------------------------------------------- RAJIN P.RAJ, AGED 19 YEARS, S/O.PALLIPPURAM RAJAN, NEDUPUZHA, THRISSUR, NOW RESIDING AT PLOT NO.184, KILA HOUSING BOARD, MULANKUNNATHUKAVU. BY ADV. SRI.IEANS.C.CHAMAKKALA SRI.V.P.KANYAL RESPONDENT/COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.1896 OF 2010 ----------------------------------- Dated this the 4th day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 452, 324, 308, 427 r/w 149 IPC. According to prosecution, petitioner (A2) along with other accused formed into unlawful assembly and armed with deadly weapons like stick and iron rod, allegedly assaulted defacto complainant, after committing trespass into a school compound and also caused damage to the food items kept in a school, which was to be given in a marriage party. 3. Learned counsel for petitioner submitted that petitioner is the second accused in the case and he is falsely implicated in this case. It was pointed out that petitioner is implicated as second accused in the FIR, but there is absolutely no mention about petitioner in the first information statement. His name is not even mentioned in the first information statement and there is no allegation that he committed any overt act. Hence, there is some manipulation at the earlier stage itself. 3rd and 4th accused B.A. No.1896/10 2 were granted bail by Additional Sessions Court. 4. Learned public prosecutor submitted that he has verified FIR and first information statement as directed by this court and it is true that petitioner's name is not mentioned in the first information statement, but he was shown as second accused in the FIR. 5. On hearing both sides and considering the various aspects, I find that it is only fit and proper that anticipatory bail is granted to petitioner on conditions. 1. Petitioner shall surrender before the Magistrate court concerned within seven days from today. 2. Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on following conditions : i) Petitioner shall report before the investigating officer on every Monday between 10 am and 1pm . ii) Petitioner shall not influence or intimidate the witnesses or tamper with evidence. This petition is allowed. K. HEMA, JUDGE. Sou.