IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 369 of 2009() ---------------------------------- CRIME 33/2009 OF OLLUR POLICE STATION ................ PETITIONER/ACCUSED NO.4 ---------------------------------------- JACOB JOSEPH, AGED 18 YEARS, S/O.JOSEPH, KANNMBULLIL VEEDU, NEHRU NAGAR, DESOM, KURIYACHIRA, OLLUR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE JUNIOR S.I. OF POLICE, OLLUR POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No. 369 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 ORDER This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 448, 427 r/w s. 149 of IPC and Section 20 r/w s. 27 of the Arms Act. According to prosecution, petitioner/accused No.4 along with other accused formed into an unlawful assembly and committed offences by trespassing into the house of de facto complainant. Sword was used for the commission of offence and mischief was also committed by causing destruction to the household articles. 3. Petitioner was arrested on 15.1.2009. Learned counsel for petitioner submitted that petitioner is a youngster, aged 18 years and he is not involved in the offence. While he was returning in his motorcycle after visiting his maternal house, he found some miscreants indulging in acts of mischief at the house of de facto complainant. He stopped the vehicle there out of curiosity and watched the same. Unfortunately, petitioner is implicated in the offence and he was arrested. It appears that miscreants also had gone in a vehicle and petitioner's vehicle was also taken as one on which the accused came to the scene. Petitioner is a student and he has no criminal antecedents and he is not involved in any other crime, it is submitted. B.A. No. 369 of 2009 : 2 : 4. Learned public prosecutor submitted that as per case diary, there was also a pillion rider on petitioner's motorcycle. However, he has no objection in granting bail on conditions. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner on following conditions: Hence, bail is granted on the following terms and conditions: i. Petitioner shall execute bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii. Petitioner shall report before the Investigating Officer as and when directed. iii. Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. (K. HEMA, JUDGE) KMD