IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6548 of 2008() ----------------------------- CMP.5543/2008 of J.M.F.C.,KASARAGOD CRIME NO.252/08 OF MANJESHWAR POLICE STATION PETITIONER/ 3RD ACCUSED ------------------------------------------- MUHAMMAD KUNHI, AGED 72 YEARS, S/O.MOIDEEN KUNHI, RAJA MANZIL, CHAIPADAPU HOUSE, POSOTTU, BADAJE VILLAGE, KASARAGODE TALUK. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (THROUGH SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION) PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6548 of 2008 ----------------------------------------- Dated this the 30th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 302, 307 and 324 read with 34 of the Indian Penal Code. According to prosecution, accused 1 to 3, in furtherance of a common intention, assaulted deceased and three others, who accompanied him. The incident occurred on 24.8.2008. 3. Petitioner was arrested on 3.10.2008. Learned counsel for petitioner submitted that petitioner is falsely implicated in the offence. He is aged 72 years. He is suffering from various ailments and he was totally bed ridden and his vision has diminished and he is under treatment. Learned Magistrate has issued a direction to make arrangements for his treatment and hence, he may be granted bail, it is submitted. 4. Learned Public Prosecutor pointed out that as per the prosecution case, petitioner has not assaulted the deceased, but he had beaten with torch one of the persons, who accompanied the deceased with the torch. He submitted that he has no objection in granting bail to petitioner, taking into consideration the physical state of petitioner. BA.6548/08 2 Hence, bail is granted to petitioner on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. Petition is allowed. K.HEMA, JUDGE vgs.