IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3717 of 2008() ----------------------------- (CRIME NO.134/2008 OF EZHUKONE POLICE STATION) PETITIONER/9TH ACCUSED --------------------------------------- RAJESH BABU, S/O. BABU, AGED 18 YEARS, CHOZHATHIL VADAKKETHIL, KANNIMEL CHERRY, KAVANDAD.P.O, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT: COMPLAINANT ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3717 of 2008 ------------------------------------------- Dated this the 10th day of June, 2008 ORDER Petition for anticipatory bail. 2. Petitioner is accused No.9 in the crime registered under Sections 143, 147, 148 and 308 read with Section 149 of IPC and under Section 27 of the Arms Act. According to the prosecution, the defacto complainant was coming out of his house with his friend while a number of persons assembled at the road and he flashed torch light to ascertain who those persons were. This offended the accused and they attacked the defacto complainant etc. are the allegations. 3. Learned counsel for the petitioner submitted that the name of the petitioner was not mentioned in the FIR. He was implicated only at a later stage. He is a degree student. No specific overtact has alleged against the petitioner. 4. This petition is opposed. It was pointed out by the learned public prosecutor that anticipatory bail application filed by accused Nos.7 and 8 were dismissed by this Court. Accused BA NO.3717/08 2 Nos.3 to 6 are granted regular bail. Hence, the petitioner may also directed to move the trial court for appropriate remedy. 5. On hearing both sides, I am not inclined to grant anticipatory bail, but the petitioner may be directed to obtain relief from the lower court. 6. Hence, the following order is passed: (i) Petitioner shall surrender before the Investigating officer within ten days from today and make themselves available for custodial interrogation. (ii) On their production, if any bail application is filed by the petitioner before the Magistrate Court for bail, learned Magistrate shall consider the bail application and dispose of the same expeditiously and without delay. The petition is disposed of accordingly. K.HEMA, JUDGE csl