IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 3392 of 2010() ----------------------------- (CRIME NO.288/2010 OF ALAPPUZHA SOUTH POLICE STATION) PETITIONER/ACCUSED -------------------------------------- JOBY, S/O.THOMAS, AGED 24 YEARS, VADAKETHAYIEL, BEACH WARD, THIRUVAMBADI P.O. BEACH P.O., ALAPPUZHA. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3392 OF 2010 -------------------------------- Dated this the 6th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 294(b), 324 and 308 of IPC r/w Section 27(2) of Arms Act. According to prosecution, petitioner (A2), along with few others formed themselves into an unlawful assembly and armed with deadly weapons like sword, iron rod etc. committed rioting and assaulted de facto complainant and committed various offences. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. As per FIS, petitioner was not implicated in the case. One Ajith and 7 others are alleged to have been committed the offence against de facto complainant. There were only 8 persons as per FIS. But, now, petitioner is being implicated falsely as the 12th accused. Petitioner is innocent of the allegations made. 4. Learned Public Prosecutor conceded that as per FIS, there were only 8 persons. Only one person was named and others were not named. 5. On hearing both sides, considering the circumstances in which petitioner is now sought to be implicated as 12th accused and B.A No.3392 OF 2010 2 also the fact that as per FIS only 8 persons are involved in the crime, I am satisfied that petitioner can be granted anticipatory bail. Hence, the following order is passed. (1) Petitioner shall surrender before the Investigating Officer within seven days from today. (2) On such surrender, in case petitioner is arrested, he shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with investigation. (3) This order will be in force only for a period of one month and in the meantime, petitioner shall seek regular bail from the court concerned. Petition is allowed. K.HEMA JUDGE vdv