IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5828 of 2008()
1. THAMPI.T.N., S/O.KUNJUKUTTY, THADATHIL
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. S.I. OF POLICE, RANNI POLICE STATION
For Petitioner :SRI.BIJI MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :25/09/2008
O R D E R
K.HEMA, J.
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B.A.No.5828 of 2008
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Dated this the 25th day of September, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 427, 323, 324
and 326 read with Section 34 IPC. According to prosecution,
petitioner who is the 5th accused along with other accused in
furtherance of common intention allegedly trespassed into the
property of the defacto complainant and assaulted him and in the
incident, grievous injury was sustained by the defacto
complainant’s brother-in-law who had come to the scene.
3. Learned counsel for the petitioner submitted that the
petitioner’s name was not mentioned in the FI statement lodged
by the defacto complainant, though petitioner and the defacto
complainant are known to each other since a very long time, they
are office bearers of one “Sabha”. But, petitioner is subsequently
implicated as a 5th accused in the crime, on an after-thought.
Petitioner is not involved in the offence at all.
4. Learned public prosecutor submitted that as per the
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allegations not only the defacto complainant but, his brother-in-
law and sister had also come to the scene and they were also
attacked. But, the fact that the petitioner and the defacto
complainant are known to each other is admitted. It is also
conceded that the petitioner is not required for recovery of
weapon.
On hearing both sides, I am satisfied that the petitioner was
not implicated as per the FIS, but, he was brought into the array
subsequently and he is not required for recovery and therefore,
the following order is passed:
Petitioner shall surrender before the Magistrate
Court within seven days from today and if bail
application is filed, he shall be released on bail on his
executing bond for Rs.25,000/- with two solvent
sureties each for the like sum to the satisfaction of the
learned Magistrate on the following conditions:
(i) Petitioner shall make himself available for
interrogation by the police as and when
directed.
(ii) Petitioner shall co-operate with the
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investigation.
(iii) Petitioner shall not commit any offence while
on bail.
The petition is allowed.
K.HEMA, JUDGE
csl