IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3981 of 2008() ----------------------------- CRIME NO.212/08 OF KADAKKAL POLICE STATION PETITIONER/3RD ACCUSED --------------------------------------- NISHAL, AGED 27 YEARS, S/O.SUGATHAN, SHALERS BHAVAN, CHITHARA. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTD BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3981 of 2008 ----------------------------------------- Dated this the 23rd day of June, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 353 read with 34 of Indian Penal Code and also under Section 3(1) of PDPP Act. Learned counsel for petitioner submitted that the petitioner is implicated at a later stage without any basis. He read out the first information statement, which is given by none other than the Assistant Sub Inspector of Police. In the said statement involvement of only two persons are mentioned in respect of pelting of stones. There is no case that any person other than the two persons named in the First Information Statement had pelted stones so as to deter the defacto complainant and the police from discharging from duty. Those petitioners are first and second accused. But the petitioner is the third accused. 3. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: BA.3981/08 2 The petitioner shall surrender before the Magistrate Court concerned within seven days from today and on surrender, if bail application is moved, 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 Magistrate, on condition that he shall co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE vgs.