IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 18TH SEPTEMBER 2006 / 27TH BHADRA 1928 Bail Appl..No. 5613 of 2006 ----------------------------- CRIME NO.263/2005 OF KOTTAYAM EAST POLICE STATION PETITIONERS: ----------------------------- PRETTY, AGED 25 YEARS, S/O. MOHANAN, POYYANITHARA HOUSE, PADINJAREKKARA P.O., VAIKOM. BY ADV. SRI.V.K.SUNIL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA (THROUGH THE C.I. OF POLICE, KONDOTTI CIRCLE). BY PUBLIC PROSECUTOR K. RAVIKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5613/2006 ------------------ DATED THIS THE 18TH DAY OF SEPTEMBER, 2006 O R D E R The petitioner is before this Court, under Section 438 Cr.P.C., as he apprehends arrest in crime No.263/2005 of Kottayam East Police Station, for the offence punishable under Sections 143, 147, 148, 333 and 332 read with Section 149 IPC as well as Section 3 (1)(c) of the P.D.P.P Act. 2. It is alleged that the petitioner, along with others, had participated in an unlawful assembly and remaining in that assembly, had agitated against the educational policy of the Government. When they were prevented, they had assaulted the police personnel, causing injuries. Hence this application. 3. After hearing the submissions made by either side, I direct the petitioner to surrender before the Judicial Magistrate of First Class-I, Kottayam, on 25.9.2006 at 11.00 a.m. The learned Magistrate shall B.A.5613/2006 2 hear the petitioner as well as the prosecution and pass orders on merit. The application is disposed of as above. J.M.JAMES JUDGE mrcs