IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Bail Appl..No. 5882 of 2008() ----------------------------- CP.27/2007 of ADDL.C.J.M.,TRIVANDRUM .................... (CRIMENO.158/2008 OF MEDICAL COLLEGE POLICE STATIION, THIRUVANANTHAPURAM.) : PETITIONER/ACCUSED NO.2:- ------------------------------------------ BIJU, S/O SUKUMARAN, AGED 28 YEARS, PUTHUVI PUTHEN VEEDU, NEAR PUMP HOUSE, AKULAM,CHERUVACKAL, THIRUVANANTHAPURAM. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------- Bail Appl.No. 5882 of 2008 -------------------------------------------------- Dated this the 22nd day of September, 2008. ORDER Petition for bail. 2. The alleged offence is under Sections 427, 436 read with Section 34 of IPC. The petitioner was granted bail during crime stage and thereafter petitioner was arrested, when the case was taken taken on file as C.P.No.27/2007, after filing of the charge-sheet. 3. Learned counsel for the petitioner submitted that the petitioner did not receive any summons issued from the court, but he was arrested and produced before the court. It is brought to my notice that during the crime stage, petitioner was arrested from his house and taken to police station and brutally manhandled. In connection with the said incident, his mother lodged a complaint, as Annexure-C, before the Human Rights Commission. Therefore, police deliberately failed to the summons on the petitioner, with a view to harass the petitioner, it is submitted. The petitioner did not appear before the court only because he did not receive the summons. He had no intention to abscond, it is submitted. [B.A.No.5882/08] 2 4. It is also pointed out that petitioner is an accused in C.C.No.874/2006 and he is on bail in that case. But, the bail application filed by the petitioner in this case was rejected on the basis of the report that the petitioner is a terror in the locality and enlargement on bail will affect the peaceful atmosphere of the residents of the locality. It is submitted by learned counsel for the petitioner that petitioner was involved in only two crimes and that too, in the year 2006, and thereafter, no crime is registered against him and he is not involved in any crime. Even according to police, there is only one more case, and both the cases are of the year 2006. But he was picturised as a terror etc., only because of the enmity of the police against the petitioner, in view of the complaint lodged before the Human Rights Commission, as Annexure-C. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner. This petition is not opposed also. Hence, bail is granted to the petitioner on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the committal court. Petition is allowed. K. HEMA, JUDGE. Krs.