IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6365 of 2008() ----------------------------- CRIME NO. 933/2008 OF KODUNGALLUR POLICE STATION PETITIONER:-3RD ACCUSED:- -------------------------------- P.S.SHYJU, AGED 24, S/O SASI, PANIKKASSERY HOUSE, METHALAPADAM, KODUNGALLUR. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6365 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 294 (b), 307 read with section 34 IPC. According to the prosecution, petitioner along with others were present in a bar and while de facto complainant was leaving the bar, the hand of one of the accused happened to hit on him and there was a quarrel and thereafter de facto complainant was allegedly assaulted by all the accused together, in furtherance of common intention. It is also alleged that an attempt was made to commit murder. The incident occurred on 28-9-2008 at about 9 p.m. Petitioner is the 3rd accused in the crime. 3. Learned counsel for the petitioner submitted that the main allegations are made against 1st accused who had used soda bottle. But, there is only general allegations against petitioner that all others had beaten up de facto complainant. It is submitted that de facto complainant and petitioner continued to be friends and they are all B.J.P. activists. Petitioner is a driver of a bus and trip sheet is produced as Annexure-A1 which will show BA 6365/08 -2- that on 28-9-2008 between 9 and 9.25 p.m. petitioner was on duty and driving a bus. But he was implicated by some mistake, it is submitted. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and subject to that, he has no objection in granting anticipatory bail to petitioner. 5. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and co- operate with the investigation. (2) Thereafter, in the event of his arrest, if any, 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 learned Magistrate, on the following conditions:- i) Petitioner shall report before the Investigating Officer as and when directed. ii) Petitioner shall not intimidate or BA 6365/08 -3- influence any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.