High Court Kerala High Court

Sebi vs State Of Kerala on 19 December, 2008

Kerala High Court
Sebi vs State Of Kerala on 19 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7780 of 2008()


1. SEBI, AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.A.C.DEVY

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :19/12/2008

 O R D E R
                            K.HEMA, J.

                -----------------------------------------

                      B.A.No. 7780 of 2008

                -----------------------------------------

              Dated this the 19th December, 2008

                             O R D E R

This petition is for bail.

2. The alleged offences are under Sections 452, 323, 427,

506(ii) and 34 and 27 of the Arms Act of the Indian Penal Code.

According to prosecution, petitioner (third accused) along with

two others in furtherance of common intention to commit various

offences went to de facto complainant’s house in a motor bike

driven by petitioner. Accused 1 and 2 went inside the house

asking for her son and assaulted de facto complainant and she

was also criminally intimidated. Sword and stick were used by

accused for assaulting de facto complainant.

3. Learned counsel for petitioner submitted that petitioner

has not gone to the place of occurrence at all. Petitioner is a

friend of 1st accused and hence, his name is falsely implicated in

the crime. Even as per the prosecution allegation, petitioner has

not taken any part in the assault and he has not got into the

house. Learned counsel for petitioner submitted that petitioner

was implicated in another crime which allegedly occurred after

BA.7780/08 2

this occurrence and co-accused in that case are also accused 1

and 2 in this crime. It is also submitted that accused 1 and 2 in

this case were released on bail. Therefore, he may be granted

bail, it is submitted. It is also submitted that petitioner had

applied for anticipatory bail and it was dismissed with a direction

to surrender. Petitioner accordingly surrendered on 11.12.2008

and he is in custody since then.

4. Learned Public Prosecutor submitted that he has no

objection in granting bail to petitioner.

On hearing both sides, I am satisfied that bail can be

granted to petitioner.

Hence, bail is granted to petitioner on the following terms

and conditions:

i) Petitioner shall execute a bond for Rs.25,000/-

with two solvent sureties each for the like sum

to the satisfaction of the Magistrate Court

concerned.

ii) Petitioner shall report before the investigating

officer on every Monday, Wednesday and

Saturday between 10 AM and 1 PM until further

orders.

BA.7780/08 3

iii). Petitioner shall not enter the limits of the police

station within which the crime is registered,

except for compliance of condition in clause (ii)

above.

Petition is allowed.

K.HEMA, JUDGE
vgs.