IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3709 of 2008() ----------------------------- CRIME NO.138/2008 OF KAMBALAKADU POLICE STATION PETITIONER/ 1ST ACCUSED ---------------------------------------- BENNY CHERIAN,S/O.CHERIAN, AGED 36 YRS, MADATHIL PARAMBIL HOUSE, PANAMARAM P.O, WAYANAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KAMBALAKADU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3709 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 341, 294 (b), 323 and 308 read with section 34 IPC. 3. According to the learned counsel for the petitioner, the present crime is registered as a counter blast to a complaint lodged against defacto- complainant, which is registered as Crime No.137/2008. It is only after nothing that the said crime was registered that the present complaint was lodged and the crime was subsequently registered. It is submitted that there is an attempt to harass the petitioner under the influence of the defacto- complainant. It is pointed out that offence under section 308 is deliberately included in this case, whereas offence under section 308 was deleted from the other case and the accused in that case were granted bail from the police station itself. 4. This application is opposed. It is submitted that the knife has to be recovered. The learned counsel for the petitioner pointed out that in the First Information Statement itself mentioned that the knife was forcibly BA 3709/08 -2- taken away from the assailant by the victims. Therefore, the knife cannot be recovered, it is submitted. 5. On hearing both sides I pass the following orders:- 1. Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. 2.The petitioner shall be released on bail, in the event of his arrest, on his executing a bond for Rs.25,000/- with solvent sureties each for the like amount to the satisfaction of the a arresting officer on condition that he will co-operate with the investigation and report before the Investigating Officer as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.