IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Bail Appl..No. 5732 of 2008() ----------------------------- (CRIME NO.207/2008 OF PONKUNNAM POLICE STATION) PETITIONER/ACCUSED ----------------------------------- MANJESHKUMAR.A.G.ALIAS KOCHUMON, ANJUVELIL HOUSE, MANIMALA.P.O, ~ BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE & COMPLAINANTS:- ----------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5732 of 2008 ------------------------------------------------ Dated this the 18th day of September, 2008. ORDER Petition for anticipatory bail. 2. On a statement given by the de facto complainant a crime was registered against six persons under Section 143, 144, 148, 452, 308, 324 read with section 149 of IPC. According to prosecution, the petitioners along with other accused went to the scene of occurrence and trespassed into the shop of de facto complainant and assaulted him by using weapons after forming themselves into an unlawful assembly and committed various offences. They went to the spot in two motorcycles and an autorickshaw. 3. Learned counsel for the petitioner submitted that the petitioner is implicated as the 8th accused in the crime. As per the first information statement, only six persons were involved in the crime and there is no whisper about the involvement of any other person in the crime. The petitioner is falsely implicated as a 2 result of an afterthought and he has no role in the offence, it is submitted. It is also pointed out that as per order dated 3.9.2008 in B.A.No.5481 of 2008 anticipatory bail was granted to accused nos. 7 and 8, who were also subsequently implicated as accused. 4. Learned Public Prosecutor submitted that he has no objection in granting bail. On hearing both sides, I find that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: 1) The petitioners shall surrender before the investigating officer within 7 days from today and they shall be released on bail, in the event of their arrest if any, on their executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) Petitioners shall make themselves available for interrogation by investigating officer as and when directed by him. ii) Petitioners shall co-operate with the investigation. Petition is allowed. K. HEMA, JUDGE. Krs.