IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4871 of 2008() ----------------------------- (CRIME NO.206/2008 OF BEKAL POLICE STATIION) PETITIONER/ACCUSED NO.9 ---------------------------------------- NAFIR, AGED 20 YEARS, S/O.K.M.MOIDU, K.M.HOUSE, THRIKANNAD, BEKAL P.O. KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No.4871 of 2008 ----------------------------------------------- Dated this the 6th day of August, 2008. ORDER Petition for anticipatory bail. 2. Petitioner is accused no.9 in the crime. The alleged offences are under section 143, 147, 148, 323, 324 and 308 read with section 149 IPC. According to prosecution, the petitioner along with 8 others formed themselves into an unlawful assembly and committed the offences alleged. 3. The learned counsel for the petitioner submitted that as per the First Information Statement, the de facto complainant was assaulted by the 1st accused using an iron rod and there were only four assailants. They were all named in the First Information Statement itself. Subsequently, a report is filed stating that accused nos. 5 to 13 are involved and a request is made to alter the sections 143, 147, 148, 323 and 149 IPC and to delete section 34 IPC. Later another request was made by the investigating officer to delete the original accused 1 to 4 from the array of the accused and the petitioner is the 9th accused. Accused no.3 was already granted anticipatory bail by this Court. [B.A.No.4871/08] 2 4. It is submitted that the petitioner is totally innocent of the allegations made and other co-accused were granted bail. In the above circumstances, the following order is passed: The petitioner shall be released in the event of his arrest on his executing a bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting office on condition that he will make himself available for interrogation and co-operate with the investigation. Petition is allowed. K. HEMA, JUDGE. Krs.