IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 Bail Appl..No. 5735 of 2009() --------------------------------------- CRMP.1984/2009 of SESSION COURT, WAYANAD, KALPETTA .................... PETITIONER/ACCUSED NO.16 ---------------------- BENNY SEBASTIAN, AGED 43 YEARS,S/O.SEBASTIAN, NARIKUZHIYIL HOUSE,P.O.KARTIKULAM, THRISSILERY AMSOM,DESOM, MANANTHAVADY TALUK. BY ADV. MR.S.RAJEEV RESPONDENT(S): STATE ------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (CRIME NO.46 OF 2008 OF THIRUNELLY POLICE STATION) PUBLIC PROSECUTOR MRR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J. --------------------------- B.A No.5735 OF 2009 -------------------------------- Dated this the 30th day of January 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 438 of the Cr.P.C seeking Anticipatory Bail. 2. The petitioner is the 16th accused in Crime No.46/2008 of Thirunelly Police Station alleging offences punishable under Sections 143, 147,448,341,323,506(ii), 395 r/w Section 149 IPC. Petitioner had moved the Sessions Court, Wayanad for Anticipatory Bail. But that was dismissed. The said order is produced as Annexure A1. Annexure A1 contains entire facts of the case and it is unnecessary to reiterate them in this order. 3. When the matter has taken up for hearing. It was pointed out that several of the other accused persons who were similarly placed like the petitioner have been granted Anticipatory Bail. Some of the other accused have been granted Regular Bail. A copy of the order in Criminal Miscellaneous Petition Nos.724/2009, 725/2009, 726/2009 and 765/2009 before the Sub Court, Kalpatta in which Anticipatory Bail was granted for some of B.A.No.5735 OF 2009 Page numbers the accused is handed over for perusal. On going through the order and the petition, it does not appear that the case of the petitioner stands on a different footing. There is no reason as to why Anticipatory Bail should not be granted. In the result, this petition is allowed as follows. i) Petitioner shall surrender before the JFCM Court, Mananthavadi within two weeks from today and shall move an application for Regular Bail before the JFCM Court, Mananthavadi in accordance with law. ii) If in the meanwhile he is sought to be arrested by the Investigating Officer, he shall be released on bail on his executing a bond for a sum of Rs.10,000/- with two solvant sureties each for the like amount to the satisfaction of the Investigating Officer . iii) Petitioner shall report before the Investigating Officer as and when required. iv) Petitioner shall not try to tamper or attempt to tamper with the evidence or influence the Investigating Officer. Sd/- P.BHAVADASAN JUDGE //TRUE COPY// vdv P.A TO JUDGE