IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 13TH MAY 2010 / 23RD VAISAKHA 1932 Bail Appl..No. 2823 of 2010() ------------------------------------------ (CRIME NO.386/2010 OF KANNUR TOWN POLICE STATION) .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- NIDHIN SURESH, S/O.SURESH BABU, AGED 19 YEARS, SURESH NIVAS, CHELORA, P.O. MOUVANCHERRY, KANNUR. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J ---------------------- B.A.No.2823 OF 2010 ----------------------------------- Dated this the 27th day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 506(ii), 324, 308 r/w 149 IPC. According to prosecution, on 27.3.2010, defacto complainant and others were assaulted by the petitioner(A1) and other accused and inflicted injuries. Iron rod and hitting block were used for commission of offence. 3. Learned counsel for petitioner submitted that petitioner submitted that petitioner is a second year aeronautical engineering student studying at Coimbatore. He had come home for holidays and wanted to attend a temple festival along with his brother and mother. While the Orchestra was going on, defacto complainant and others, after consuming liquor, started creating nuisance. When the nuisance was intolerable, temple authorities intervened and there was a altercation and an incident happened. Petitioner is absolutely innocent of the allegations made. He is not involved in the offence. 4. Learned public prosecutor submitted that as per the B.A. No.2823/10 2 allegations, defacto complainant sustained injury at the hands of accused. But as far as petitioner is concerned, he only exhorted others to kill defacto complainant and others . He has not used weapons. 5. On hearing both sides, considering the facts and circumstances noted above, anticipatory bail can be granted to petitioner on the conditions. Hence the following order is passed. 1. Petitioner shall surrender before the investigating officer within seven days from today and co-operate with investigation. 2. Petitioner shall, in the event of arrest, be released on bail on his executing a bond for Rs.25,000/- with two solvent securities each for the like amount to the satisfaction of the arresting officer on condition that he shall report before investigating officer as and when directed and co-operate with investigation. This petition is allowed. K. HEMA, JUDGE. Sou.