IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3718 of 2008() ------------------------------------------ (IN CRIME NO.858/08 OF ALUVA POLICE STATION, ERNAKULAM) PETITIONERS: ---------------------- 1. C.H. JAYAN, S/. C.K. HARIHARAN, CHAKKUNGAL HOUSE, THOPPUMPADI, KOCHI -5. 2. AJOSH JOSEPH, S/O. M.J. JOSEPH, MANAYATHU HOUSE, PANAMPILLY NAGAR, KOCHI-36. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3718 of 2008 ------------------------------------------- Dated this the 10th day of June, 2008 ORDER Petition for anticipatory bail. 2. Petitioners are the 4th and 6th accused in the crime registered under Sections 324, 452 and 34 IPC. 3. According to the prosecution, on 23.4.2008, the accused allegedly trespassed into the house of the defacto complainant and assaulted him by using weapon and caused injury to him. 4. Learned counsel for the petitioners submitted that the petitioners are totally innocent of the allegations made. They are falsely implicated in the offence with ulterior motive. He pointed out that as per the First Information Statement only three persons were involved in the assault. No other person's name or involvement is mentioned in the FI statement given by the defacto complainant. A1 to A3 were granted bail after their arrest. Learned counsel for the petitioners submitted that the petitioners had gone to the police station for taking A3 on bail. BA NO.3718/08 2 At that time, the police manhandled A3 and objections were raised by the petitioners. Offended by this, petitioners were falsely implicated in the offence. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioners. Learned public prosecutor also did not raise any objection. Hence, the following order is passed: Respondent is directed to release the petitioners in the event of their arrest of their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer. The petition is allowed. K.HEMA, JUDGE csl BA NO.3718/08 3