IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Bail Appl..No. 4218 of 2008() ----------------------------- (CRIME NO.581/2008 OF PERUMBAVOOR POLICE STATION PETITIONERS/ACCUSED NO.2 TO 7:- ------------------------------------------------ 1. RAFEEK, AGED 27 YEARS, S/O VEERAPILLA, MUNDETH HOUSE, EDAVOOR P.O., PERUMBAVOOR, PIN 683 544, ERNAKULAM DISTRICT. 2. YOUNESS, AGED 25 YEARS, S/O VEERAPILLA, MUNDETH HOUSE, EDAVOOR P.O., PERUMBAVOOR, PIN 683 544, ERNAKULAM DISTRICT. 3. HAMEED, AGED 40 YEARS, S/O VEERAPILLA, MUNDETH HOUSE, EDAVOOR P.O., PERUMBAVOOR, PIN 683 544, ERNAKULAM DISTRICT. 4. NISHAD, AGED 28 YEARS, S/O MEETHIANKUTTY, MUNDETH HOUSE, EDAVOOR P.O., PERUMBAVOOR, PIN 683 544, ERNAKULAM DISTRICT. 5. SHABER, AGED 25 YEARS,S/O HASSAN, MUNDETH HOUSE, EDAVOOR P.O., PERUMBAVOOR, PIN 683 544, ERNAKULAM DISTRICT. 6. MUSTHAFA, AGED 29 YEARS, S/O ALIKUNJU, CHERUPALLYKUDI HOUSE, EDAVOOR P.O., PERUMBAVOOR, PIN 683 544,ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R2: SALIM, AGED 43 YEARS, S/O.ABUBACKER, MULADAN HOUSE, EDAVOOR KARA, KOOVAPPADY VILLAGE, ERNAKULAM DISTRICT. * ADDL.R2 IS IMPLEADED AS PER ORDER ON CRL.M.A.NO.3532/08 DATED 21.7.2008. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ FOR R1. BY ADV. SRI.ANIL K.MOHAMMED FOR ADDL.R2. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4218 of 2008 ----------------------------------------------- Dated this the 21st day of July, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147,148, 341, 307 and 149 IPC. Petitioners are accused nos. 2 to 7 in the crime. According to prosecution, they along with first accused assaulted de facto complainant forming themselves into an unlawful assembly etc. 3. Learned counsel for the petitioners submitted that de facto complainant has implicated the petitioners on a wrong impression, but it was subsequently corrected by filing an affidavit attested by the Notary Public before the investigating officer. The de facto complainant is represented by a lawyer. Learned counsel for the de facto complainant submitted that the names of the petitioners were mentioned because of a mistake and that they are not accused in this case. These submissions are recorded. However, the police is still after the petitioners and they apprehend arrest. In the above circumstances, I find that anticipatory bail can be granted to the petitioners. 2 4. Hence, the following order is passed: i) Petitioners shall surrender before the investigating officer within 7 days from the date of this order and make themselves available for interrogation. ii) Thereafter, in the event of arrest of the petitioners, if any, they shall be released on bail on their executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will co-operate with the investigation and report before the investigating officer as and when directed. Petition is allowed. K. HEMA, JUDGE. Krs.