IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3538 of 2008()
1. CHATHU, AGED 58,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/06/2008
O R D E R
K. HEMA, J.
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B.A. No. 3538 OF 2008
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Dated this the 4th day of June, 2008.
O R D E R
This is a petition for bail.
2. According to the prosecution, petitioner along with other
accused formed into an unlawful assembly with dangerous
weapons and attacked the de facto complainant, Sub Inspector of
Police, and other police officials with deadly weapons with the
intention to commit murder and caused grievous hurt to the Sub
Inspector and thus committed offences under Sections 143, 147,
148, 120(b), 333 and 307 read with Section 149 of Indian Penal
Code.
3. Learned counsel appearing for the petitioner submitted
that the petitioner is falsely implicated in the case. He is arrayed
as accused No.19 at a highly belated stage. His name was
nowhere in the picture, till recently, it is submitted. The incident
happened on 15.06.2007 and the petitioner is taken into custody
on 18.04.2008.
4. It is also submitted by learned counsel appearing for the
petitioner that there was an agitation in the locality, since an
B.A. No. 3538/08 2
Adivasi boy was convicted on the allegation of stealing food from
the kitchen of a priest. Some incident happened and a crime was
registered. Immediately after the registration of this crime,
another crime was also registered on the allegation that the Sub
Inspector was attacked. In both the cases, the petitioner was
arrayed as accused No.19.
5. This petition is opposed. On hearing both sides, I find
that it is only fit to grant bail to the petitioner on conditions.
Hence, the petitioner is granted bail on the following terms and
conditions:
1) 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.
2) Petitioner shall report before the Investigating Officer
on alternate Mondays between 10 a.m. to 1p.m.
This petition is allowed.
K. HEMA, JUDGE.
smp