IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 Bail Appl..No. 3960 of 2008() ----------------------------- CRIME NO.212/2008 OF KADACKAL POLICE STATION .................... PETITIONER/ASCCUSED NO.4 : -------------------------------------------- BINU, S/O.DEVAN, KOKKATTU VILA HOUSE, CHITHARA VILLAGE, CHITHARA VILLAGE, KOLLAM BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS/COMPLAINANT : ---------------------------------------------- 1. STATE OF KERALA, REP. BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, KADACKAL POLICE STATION, KADACKAL, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.3960 OF 2008 ------------------------------ Dated this the 24th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under section 353 of Indian Penal Code read with 3(1) of Prevention of Damage to Public Properties Act. The petitioner is the 4th accused. 3. Learned counsel for the petitioner submitted that as per the First Information Statement, only two persons pelted stones against the defacto complainant and they are Binoy and Shibu. The First Information Statement was given by none other than ASI. No other person is alleged to have pelted stones. But now the petitioner is implicated as the 4th accused on the allegations that he pelted stones. But he has not committed any such act. Another accused who is similarly placed was granted anticipatory bail as per the order dated 23.06.2008 in B.A.No.3981/08. 4. On hearing both sides I do not find any ground to refuse the prayer. B.A.3960/2008 2 Hence the following order is passed : The petitioner shall be released on bail in the event of his arrest on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he shall co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE pac