IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Bail Appl..No. 6444 of 2008() ----------------------------- CRIME NO. 564/2008 OF VADANAPPILLY POLICE STATION PETITIONER (S): 5TH ACCUSED; -------------------------------- SURESH.K.K., AGED 31 YEARS, S/O.KUMARAN, KOROTT HOUSE, ENGANDIYOOR P.O., ENGANDIYOOR VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT; --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, VADANAPPILLY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6444 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 326, 354, 308, 427 and 34 IPC. According to prosecution, petitioner (A5) along with other accused assaulted de facto complainant and committed the said offences. 3. Learned counsel for petitioner submitted that a crime was registered on the basis of a complaint lodged by the victim's wife. As per the allegations in the First Information Statement, no whisper is made against any person other than two persons (A1 and A2). De facto complainant has given detailed narration about the incident in the First Information Statement and if petitioner was present at the scene, it is unlikely that his name would be omitted to be mentioned in the First Information Statement. Petitioner is subsequently implicated and even now no overt act is attributed to him except that he was found standing nearby. This allegation came only at a belated stage at the time of questioning by the police under section 161 Cr.P.C. 4. Learned counsel for petitioner submitted that police is motivated to implicate petitioner in the present crime. It is submitted that a person was chased by the police and he fell into BA 6444/08 -2- a well and he happened to die. There was an agitation against police in connection with this, under the leadership of petitioner. Therefore, petitioner's name is unnecessarily dragged into the crime. Even defacto complainant is not responsible for it. 5.On hearing both sides, considering rival contentions, I am satisfied that it is only fit to grant anticipatory bail on conditions. 6. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerend within seven days from today and he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the on the following conditions:- i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioner shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.