IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2888 of 2010(S) ------------------------------ CRIME NO.300/10 OF ERAVIPURAM POLICE STATION, KOLLAM. (S): PETITIONER/ACCUSED:- ---------------------------------------- 1. SHIYAD, S/O.ISMAIL KUNJU, VELIYIL VEEDU,AKKOLIL CHERRY,ERAVIPURAM VILLAGE, KOLLAM. 2. RIYAZ, S/O.ABDUL RAHIM, MADATHARA,AKKOLIL CHERRY,ERAVIPURAM VILLAGE, KOLLAM. 3. FAIZAL, S/O.SANALBDEEN, NOWAL MANZIL, AKKOLIL CHERRY,ERAVIPURAM VILLAGE,KOLLAM. 4. NOWFAL,S/O.SAINALBDEEN,NOWAL MANZIL. AKKOLIL CHERRY,ERAVIPURAM VILLAGE,KOLLAM. 5. ANIMON,S/O.TERRANCE, MANKKARA VEEDU, VALATHUNGAL CHERRY,ERAVIPURAM VILLAGE, KOLLAM. 6. SHIHAN,S/O.SHIHANI, VALIYAZHIKATHU VEEDU, AKKOLIL CHERRY, ERAVIPURAM VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- STATE OF KERALA,REP.BY.SUB INSPECTOR OF POLICE,ERAVIPURAM POLICE STATION,IN KOLLAM DIST THROUGH THE PUBIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2888 of 2010 ---------------------------------------------- Dated 27th May, 2010. O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 144, 147, 148 and 427 read with Section 149 of Indian Penal Code. According to prosecution, petitioners along with other accused formed into an unlawful assembly and committed various offences, armed with deadly weapons. The defacto complainant and another were attacked. 3. Learned counsel for the petitioners submitted that on 16.3.2010, there was a temple festival and at about 10.30 p.m., the defacto complainant and another person attacked petitioners and petitioners 1 and 2 were seriously injured and they were admitted in the hospital. They were referred to the Medical College Hospital. On the next day, on 17.3.2010, the defacto complainant and another person were arrested in connection with crime No.299/10. At that time, defacto complainant gave the present complaint and petitioners are implicated. Petitioners have not committed any offence and they BA NO.2888/10 2 are innocent of the allegations, it is submitted. They are students. 4. Learned Public Prosecutor submitted that no injury is sustained by defacto complainant or the alleged injured in this case. 5. On hearing both sides and considering the various facts disclosed, I am satisfied that anticipatory bail can be granted to petitioners. Hence, the following order is passed : (1) Petitioners shall surrender before the Investigating Officer within seven days from today and co- operate with the investigation. (2) In case petitioners are arrested, they shall be released on bail, on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with the BA NO.2888/10 3 investigation. (ii) In case petitioners are involved in any offence of similar nature, bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs