IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2235 of 2009() ----------------------------- CRIME NO. 147/2009 OF OLLUR POLICE STATION. .............. APPLICANT/ACCUSED NO.1: ------------------------------ SUJITH.M.S,S/O.SUBRAMANIAM, MANGHUZHY HOUSE,ANCHERY.PO,THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THE S.I.OF POLICE, OLLUR. BY PUBLIC PROSECUTOR, SRI.V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2235 of 2009 ------------------------------------------ Dated, this the 12th day of May, 2009 ORDER This is an application for anticipatory bail. The first accused in Crime No.147 of 2009 of Ollur Police Station registered for offences punishable under Sections 143, 147, 148, 323, 324, 452, 427 and 308 read with Section 149 of the Indian Penal Code and Section 20 read with Section 27 of the Arms Act is the petitioner herein. 2. According to the petitioner, the charge against him under Section 308 of the Indian Penal Code is absolutely unsustainable. It is further submitted that in the case of accused Nos.2, 3, 5, 6, 11 and 12, they had surrendered before the court below and after consideration of their application for regular bail, all of them were enlarged on bail. Of course, there is no reason why the petitioner shall not be permitted to adopt such a course of action. 3. Therefore, the petitioner is directed to surrender before the investigating officer on any day between 18.5.2009 and 21.5.2009. In the event of his such surrender, on the B.A.No.2235 of 2009 2 same day itself, he shall be produced before the concerned Magistrate Court by the investigating officer and if a regular application is moved before the competent court, the same shall be considered by that court in accordance with law preferably on the same day on which it is moved. In this context, counsel for the petitioner submitted that in the case of others the Sessions Court after considering their case has already enlarged them on bail. I have no doubt that in case a copy of the said order is produced before the court, the same shall be taken into consideration by the court while considering the application for bail moved by the petitioner. This application is disposed of as above. C.T.RAVIKUMAR, JUDGE vns