IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4544 of 2008()
1. SALEESH @ KANNAN, AGED 23 YEARS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :25/07/2008
O R D E R
K. HEMA, J.
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Bail Appl.No. 4544 of 2008
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Dated this the 25th day of July, 2008.
ORDER
Petition for anticipatory bail.
2. The alleged offences are under Section 143, 147, 148,
341, 323, 324, 308 and 149 of IPC. According to prosecution, on
20.6.2008 at about 5.30 p.m., the petitioner along with other accused
formed themselves into an unlawful assembly and assaulted the de
facto complainant using iron rod.
3. Learned counsel for the petitioner submitted that this was an
attack on the petitioner and co-accused by the de facto complainant
and others. In fact, they sustained very serious injuries and they were
hospitalised. The incident occurred on 20.6.2008 and even now one of
the accused is in the hospital, having sustained fracture to various
parts of the body. A complaint was given by one of the injured and a
crime was registered under Sections 143, 147, 148, 341, 324, 308 and
149 of IPC. The de facto complainant did not sustain any serious
injuries except minor injury on the head but offence under Section 308
IPC is included only with a view to harass the petitioner and the co-
accused in the case.
[B.A.No.4544/08] 2
4. One of the accused in this crime was granted anticipatory
bail as per order dated 23.7.2008 in B.A.No.4598 of 2008. As per the
allegations in this case, the first accused aimed a blow at de facto
complainant but he evaded the same and hence he did not sustain
any injury. But second accused took a stone and hit him on the head
and thereby he sustained an injury on the head.
5. In such circumstances, learned Public Prosecutor submitted
that if anticipatory bail is being granted, a direction may be issued to
the petitioner to surrender before the investigating officer and make
himself available for interrogation.
6. On hearing both sides, I am satisfied that anticipatory bail
can be granted to the petitioner on conditions.
Hence, the following order is passed:
1) Petitioner shall surrender before the investigating officer
within 7 days from today and make himself available for
interrogation.
2) Thereafter, if the petitioner is arrested, he shall be
produced before the Magistrate Court concerned in
accordance with law.
3) On production of the petitioner before the learned
Magistrate, if any bail application is filed, he shall be
released on bail on his executing a bond for Rs.25,000/-
[B.A.No.4544/08] 3
with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate on the following
conditions:
i) Petitioner shall co-operate with the investigation and make
himself available for interrogation as and when directed.
ii) Petitioner shall not intimidate any witness or tamper with
any evidence or commit any offence while on bail and in
case of breach of this condition, bail is liable to be
cancelled.
Petition is allowed.
K. HEMA, JUDGE.
Krs.