IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7782 of 2008() ----------------------------- CRIME NO.729/08 OF CHALAKKUDY POLICE STATION PETITIONER: -------------------- SEBI, AGED 30 YEARS, SON OF OUSEPH, MAMBRAPILLY, KANJIRAPALLY DESOM, PARIYARAM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7782 of 2008 ----------------------------------------- Dated this the 19th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 452, 323, 427, 506(ii) and 34 and 27 of the Arms Act of the Indian Penal Code. According to prosecution, petitioner (third accused) along with two others in furtherance of common intention to commit various offences went to de facto complainant's house in a motor bike driven by petitioner. Accused 1 and 2 went inside the house asking for her son and assaulted de facto complainant and she was also criminally intimidated. Sword and stick were used by accused for assaulting de facto complainant. 3. Learned counsel for petitioner submitted that petitioner has not gone to the place of occurrence at all. Petitioner is a friend of 1st accused and hence, his name is falsely implicated in the crime. Even as per the prosecution allegation, petitioner has not taken any part in the assault and he has not got into the house. Learned counsel for petitioner BA.7782/08 2 submitted that petitioner was implicated in another crime which allegedly occurred after this occurrence and co-accused in that case are also accused 1 and 2 in this crime. It is also submitted that accused 1 and 2 in this case were released on bail. Therefore, he may be granted bail, it is submitted. It is also submitted that petitioner had applied for anticipatory bail and it was dismissed with a direction to surrender. Petitioner accordingly surrendered on 11.12.2008 and he is in custody since then. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: 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. BA.7782/08 3 ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause (ii) above. Petition is allowed. K.HEMA, JUDGE vgs.