IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7678 of 2009() ----------------------------------------- CRIME NO.78/2007 OF PAVARATTY POLICE STATION, THRISSUR. PETITIONER/5TH ACCUSED: ----------------------------------------- HISHAM,S/O.MUHAMMED,ERACHAM VEEDU, POOVATHUR VIA,THIRUNELLOOR. BY ADV. SRI.P.K.ANIL RESPONDENTS/ COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE,PAVARATTY POLICE STATION. 2. STATE REP;BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SMT. M.K. PUSHPALATHA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J ----------------------------- B.A No. 7678 of 2009 -F ------------------------------ Dated this the 1st day of January, 2010. O R D E R This is an anticipatory bail application filed by the 5th accused in Crime No.78/2007 of Pavaratty Police Station, Thrissur coming within the jurisdiction of Judicial First Class Magistrate Court, Chavakkad, under Section 438 of the Code of Criminal Procedure. 2. The allegation against the petitioner is that he along with six accused persons on 23.2.2007 at about 5.30 PM near Kairali Oil Mills, Poovathur with intention to kill, attacked one Janesh with a sword and also attacked the defacto complainant with iron pipe causing severe injuries to them and thereby committed offence punishable under Section 143, 147, 148, 341, 324, 307 r/w. 149 IPC. 3. It is alleged in the petition that petitioner is innocent of the offence alleged against him, that no over tact is alleged against him, that he is falsely implicated in this case due to political enmity, that the mother of petitioner is seriously ill that if petitioner is arrested there will be nobody to look after his ailing mother and that therefore first respondent may be directed to release him on bail if arrested. B.A No. 7678 of 2009 -F 2 4. The petition is opposed by the Public Prosecutor. Heard the learned counsel for petitioner and the learned Public Prosecutor. 5. In the following reasons I am inclined to allow this petition. His previous bail application B.A.No.4600 of 2009 has been dismissed by this Court by order dated 13.10.2009. But now Public Prosecutor submitted that investigation in this case is over and the case has been pending before the Committal Court ie Judicial First Class Magistrate Court, Chavakkad as C.P.No.35 of 2009. That apart an over tact is alleged against the petitioner as seen from the case diary produced. Therefore I feel that the Committal Court can be directed to release him on bail if he surrenders. 6. The petitioner shall surrender before the Judicial First Class Magistrate Court, Chavakkad on or before 11.1.2010. On such surrender the Committal Court shall release him on bail on executing bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of that court. Petitioner should surrender his passport if any before the Committal Court. Petition is allowed as find above. Sd/- ab P.Q.BARKATH ALI, JUDGE