IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Bail Appl..No. 5305 of 2008() ----------------------------- CRIME NO.354/2008 OF PARASSALA POLICE STATION PETITIONER/4TH ACCUSED --------------------------------------- ARUN RAJ, PUTHUVAL PUTHEN VEEDU, PUTHANKADA, PARASSALA.P.O. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5305 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of August,2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 452, 325, 308 read with section 34 IPC. 3. Learned counsel for the petitioner submitted that petitioner has not assaulted defacto-complainant, but he only shouted to kill the defacto-complainant. Petitioner is a cancer patient from 2002 onwards and he produced documents issued from the Regional Cancer Centre. Petitioner is aged only 22 years and cancer was detected at the age of 16 years. It is also submitted that petitioner was implicated in the offence, since he happened to be a witness to another incident, in which the 5th accused in this case was assaulted by defacto-complainant etc. It is also pointed out that 5th accused in this crime, who was subsequently implicated in the offence (though his name was not mentioned in the F.I.R.), was granted anticipatory bail. 4. Learned Public Prosecutor submitted that without going into the merits of the case, on medical grounds, he has no objection in granting anticipatory bail. It is also submitted that petitioner is not required for any recovery. BA 5305/08 -2- 5. Hence, taking into consideration the physical state of the petitioner, the following order is passed:- Petitioner shall surrender before the learned Magistrate concerned within seven days from today and if any application is filed, petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on the following conditions:- 1) Petitioner shall report before the Investigating Officer as and when directed for the purpose of investigation. 2) Petitioner shall co-operate with the investigation . 3) He shall not commit any offence while on bail and in case of violation of this condition, bail is liable to be cancelled. The application is allowed as above. K. HEMA, JUDGE. mn.