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. 3542 of 2008(A) ------------------------------------------ (CRIME NO. 147/2008 OF CHAVARA-THEKKUMBHAGAM POLICE STATION) .................... PETITIONER/ACCUSED: ---------------------------------- JOMY JAMES, S/O JAMES, JOMY LAND, KOIVILA MURI, THEVALAKKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. 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.3542 OF 2008 ----------------------------------- Dated this the 4th day of June, 2008. O R D E R This is a petition for anticipatory bail. 2. The alleged offences are under Sections 324, 511 of 379 and 34 of Indian Penal Code. According to the prosecution, the de facto complainant and her husband were about to leave their house in a motor cycle, while one of the accused stopped them and attacked her husband with a stick and attempted to steal her gold chain. The police registered a case against two persons. 3. According to the petitioner, petitioner was subsequently included in the array of accused and falsely implicated. The police is coming to his house in search of him and his motor cycle was taken away. It is alleged that his motor cycle is being used by the police now, exhibiting the board 'for registration'. It is also submitted that the de facto complainant's father is a retired Sub Inspector under whose guidance this case is falsely foisted. There was a quarrel between the de facto complainant's husband and the petitioner and hence the allegations are falsely made against the petitioner and others. The quarrel was in respect of mobile phone. B.A. No.3542/08 2 4. Learned counsel appearing for the petitioner submitted that the petitioner is prepared to surrender before the trial court. It is also submitted that the chain was not lost and hence the petitioner is not required for recovery. Hence, the following order is passed. 1. If the petitioner surrenders before the Magistrate court concerned, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court on condition that he will co-operate with the investigation and report before him as and when directed. This petition is allowed. K. HEMA, JUDGE. smp