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. 5907 of 2008() ----------------------------- CMP.2190/2008 of ADDL.DISTRICT COURT,KOTTAYAM CRIME NO.186/08 OF MANIMALA POLICE STATION PETITIONER -------------------- MR.MOHAMMED HASHIM, AGED 38, PUTHUPARAMBIL, KANJIRAPPARA P.O., KANGAZHA, KOTTAYAM DIST. BY ADV. SRI.P.A.MOHAMMED SHAH SRI.P.H.SHAJAHAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MANIMALA POLICE STATION, MANIMALA, KOTTAYAM DIST. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR 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.5907 of 2008 ----------------------------------------- Dated this the 17th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 341, 308 and 34 of the Indian Penal Code. According to prosecution, the vehicle, driven by the petitioner, was found parked in front of the house of one Santhosh. He came out and asked why it was parked there. There was an altercation. Santhosh was assaulted by other accused, who were in the car. The de facto complainant came and intervened while petitioner caught hold of his collar and drove the vehicle and thereby committed the offences. 3. Learned counsel for petitioner submitted that no incident as alleged has occurred. When he was driving the vehicle, Santhosh jumped in front of the car. The car was suddenly stopped. Santhosh was fully drunk and asked for money. By the time, people of the locality gathered, since it was a colony. The petitioner drove away his car, while some people caught hold of the car from back side. They probably sustained some injuries. 4. On hearing both sides, I find that anticipatory bail can be granted. Hence, the following order is passed: BA.5907/08 2 Petitioner shall surrender before the Magistrate Court concerned and he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioner shall co-operate with the investigation and make himself available for interrogation. ii) Petitioner shall not commit any offence while on bail. K.HEMA, JUDGE vgs.