IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Bail Appl..No. 3233 of 2008() ----------------------------- (CRIME NO.155/2008 OF PERINGOME POLICE STATION) PETITIONERS/ACCUSED: ------------------------------------- 1. K.A. IBRAHIM KUTTY, S/O. KUNHI MOIDEEN, VAYAKKARA, PADIYOTTU CHAL P.O., KANNUR DISTRICT. 2. K.V. SUDHEER BABU, S/O. GOVINDAN, VAYAKKARA, PADIYOTTU CHAL P.O., KANNUR DISTRICT, TRIKARIPUR VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT: STATE: ------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. PERINGOME POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3233 of 2008 ------------------------------------------- Dated this the 6th day of June, 2008 ORDER Petition for anticipatory bail. 2. The crime is registered under Sections 143, 147, 148, 353, 324, 188, 283 read with Section 149 of IPC on the allegation of commission of the above offence by the accused 1 to 20 and other identifiable persons on 12.5.2005. 3. Learned counsel appearing for the petitioners submitted that the petitioners are totally innocent of the allegations made. The second petitioner was in his office in connection with the preparation of counter in a writ petition. This is an offshoot of a civil dispute in which people of the locality was objecting to the clay excavation. It is also submitted by him that second petitioner is in Ernakulam where as the incident happened at Payyannur. Certain accused were arrested and hence, the petitioners apprehend arrest. 4. Learned public prosecutor submitted that A1 to A9 were arrested from the spot and they were released on bail. BA NO.3233/08 2 Petitioner No.1 is not an accused in the crime and he is not required for arrest of any other purpose inf this case. The second petitioner is the 20th accused. Since others are granted bail, this petition is not opposed. 5. In the result, the following order is passed: (i) The first petitioner, not being the accused in the case, the prayer for anticipatory bail by him is rejected. (ii) The second petitioner shall surrender before the police within ten days from today and in the event of his arrest, he shall be released on bail on his executing bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation. The Petition is partly allowed. K.HEMA, JUDGE csl