IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Bail Appl..No. 3539 of 2008(F) ----------------------------------------- (CRIME NO. 277/07 OF SULTHAN BATHERY POLICE STATION) ................... PETITIONER/ACCUSED NO.19 (UNDER JUDICIAL CUSTODY): --------------------------------------------------------------------------------------- CHATHU, S/O.KOTHA, AGED 58, KUPPIL HOUSE, KALLIYOTTUKUNNU, KAKKULAM, MALAPPURAM. BY ADV. SRI. K.S.MADHUSOODANAN, ADV. SRI. T.V. JAYAKUMAR NAMBOODIRI, ADV. SRI. THUSHAR NIRMAL SARATHY, ADV. SRI. M.M. VINOD KUMAR, ADV. SMT.K.M. RAMYA. RESPONDENTS/ COMPLAINANT AND FORMAL PARTY: ------------------------------------------------------------------------------- 1. STATE OF KERALA, TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, SULTHAN BATHERY. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3539 OF 2008 ----------------------------------- Dated this the 4th day of June, 2008. O R D E R This is a petition for bail. 2. Petitioner along with other accused committed offences under Sections 143, 147, 148, 120(b), 452, 427 and 307 read with Section 149 of Indian Penal Code. According to the prosecution, the accused trespassed into the house of a priest and attempted to commit murder of his daughter aged 22 years. 3. Learned counsel appearing for the petitioner submitted that the petitioner is falsely implicated in the case. He is accused No.19, who is arrayed in the accused array at a highly belated stage. His name was nowhere in the picture till recently. The incident happened on 15.06.2007 and the petitioner is taken into custody on 18.04.2008. 4. It is also submitted by the counsel appearing for the petitioner that there was an agitation in the locality, since an Adivasi boy was convicted on the allegation of stealing food from the kitchen of a priest. Some incident happened and a crime was registered. Immediately after the registration of this crime, B.A. No. 3539/08 2 another crime was also registered on the allegation that the Sub Inspector was attacked. In both the cases, the petitioner was arrayed as accused No.19. 5. This petition is opposed. On hearing both sides, I find that it is only fit to grant bail to the petitioner on conditions. Hence, the petitioner is granted bail on the following terms and conditions: 1) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court. 2) Petitioner shall report before the Investigating Officer on alternate Mondays between 10 a.m. to 1p.m. This petition is allowed. K. HEMA, JUDGE. smp