IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Bail Appl..No. 6072 of 2008() ----------------------------- AGAINST THE ORDER DATED 04/09/2008 IN CRMP. 2665 /2008 IN CRMP.2651/2008 of D.C. & SESSIONS COURT,KOLLAM .................... : PETITIONER/ACUSED ------------------------------------- RAMEES, S/O.THAJUDHEEN, KATTAYATH KIZHAKKETHIL, (KADAMUKKU), PULI NORTH, THAZHAVA, KARUNAGAPPALLY. BY ADV. SRI.A.AHZAR RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6072 of 2008 --------------------------------------------------- Dated this the 29th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 141, 144, 147, 341, 351, 308 read with Section 149 of IPC. According to prosecution, the petitioner along with other accused trespassed into the house of de facto complainant and assaulted him by beating and kicking etc. 3. Learned counsel for the petitioner submitted that petitioner is implicated as the 3rd accused. He is absolutely innocent of the allegations made. No specific overt act is alleged against him. 4. Learned Public Prosecutor submitted that petitioner had also participated in the occurrence and he had beaten the injured, but he fairly conceded that no weapons were used and no serious injury is caused but offence under Section 308 IPC is included. [B.A.No.6072/08] 2 5. On hearing both sides, I find that it may not be proper to grant anticipatory bail. But it is made clear that for the purpose of bail offences involved will be treated as not including one under Section 308 IPC. Petitioner shall surrender before the investigating officer or the Magistrate court concerned within 7 days from today. With this direction, petition is disposed of. K. HEMA, JUDGE. Krs.