IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3450 of 2008() ----------------------------- AGAINST THE ORDER DATED 13/05/2008 IN CMP 2653/08 IN CP.111/2008 of J.M.F.C.,KASARAGOD CRIME 771/08 OF KASARAGOD POLICE STATION. .................... PETITIONER --------------------------- IKKU @ IQBAL, AGED 35 YEARS, JADHOOD ROAD, THALANGARA, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: ------------- 1. STATE RERPESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CRIME NO. 771 OF 2000 OF KASARAGOD POLICE STATION KASARAGOD DISTRICT) BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3450 of 2008 ----------------------------------------- Dated this the 29th day of May, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 307 read with 149 of Indian Penal Code. Petitioner is first accused in the crime. As per the prosecution case, the petitioner, along with other accused, formed an unlawful assembly and armed with deadly weapons like stone, knife etc. and assaulted CW2. First accused stabbed him over the abdomen, second accused stabbed him on the back side of the head, accused 3 to 8 beat with stick and attempted to commit murder CW2. 3. Petitioner is in custody from 3.5.2008 onwards. Trial against other accused, except the petitioner and 8th accused was conducted and all of them are acquitted, it is submitted. Petitioner was not available for trial. He was arrested on 3.7.2008 and the case is pending as C.P.No.111 of 2008. It is submitted that the petitioner was in Mumbai in connection with the job. He is prepared to abide by any conditions. B.A.3450/08 2 4. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. 5. In the above circumstances, petitioner is granted bail on the the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioner shall not leave the limits of the police station within which he is residing, except with the permission of the lower court, until the trial is over. Petition is allowed. K.HEMA, JUDGE vgs.