IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 6424 of 2008() ----------------------------- CRIME NO.161/08 OF HARIPPAD POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ SUMITH, AGED 29, S/O.SADANANDAN, ASWATHY, WARD NO.7, PATHINOOR PANCHAYATH, PATHIYOOR MURI, PATHIYOOR VILLAGE, HARIPPAD, ALAPUZHA. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6424 of 2008 ----------------------------------------- Dated this the 17th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 395 IPC and 27 of the Arms Act. According to prosecution, on 31.3.2008 at about 4.30 PM, the petitioner, along with other seven persons, obstructed a car, in which the de facto complainant was travelling, by placing a bicycle across the road and threatened and assaulted the de facto complainant and his driver, using sword stick and after removing them from the car, they took the car away. 3. Learned counsel for petitioner submitted that the petitioner was arrested on 4.10.2008 and he is in custody since then. Accused 6 and 7 are already released on bail. The petitioner's sister's marriage is fixed to this coming Sunday, 19.10.2008 and the petitioner is the only brother. His further detention may not be essential, particularly since the other accused, who are similarly placed are granted bail, it is submitted. There are certain discrepancies in the number of the vehicle, the weapon used etc. and hence, he may be granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the discrepancies pointed out are not vital. The BA.6424/08 2 number of the car was mentioned as 5558, whereas the actual number is 8-555. The witnesses explained that while stating the number he stated 555 and thereafter 8. The discrepancy is explained. It is also pointed out that the weapon used is stated to be sharp at one edge by the de facto complainant and the weapon seized is sharp on both sides. If any mistake is committed by the de facto complainant in describing the weapon, it can only be accounted for his sense of observation, it is submitted. The nature of weapon was noticed at a time when he was blocked on his way and attacked by 8 persons and it is only natural to make such mistakes. The recovery of the weapon was effected by the petitioner itself. 5. In the above circumstances, it is not correct to say that the petitioner is not involved in the offence at all, it is submitted. However, taking into consideration the peculiar circumstances that the petitioner's sister is getting married and accused 6 and 7 are released on bail, there can be no objection in granting bail, but it must be on stringent conditions, it is submitted. Hence, bail is granted to the petitioner on the following terms and conditions: BA.6424/08 3 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, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) 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.