IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4835 of 2008()
1. DOMINIC, AGED 29,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/08/2008
O R D E R
K.HEMA, J.
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Bail Application No.4835 of 2008
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Dated this the 4th day of August, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 452, 324,
308 and 34 IPC. Petitioner is the 5th accused in the crime.
3. Learned counsel for petitioner submitted that the
petitioner’s name was not mentioned in the FIR. Petitioner is
admittedly a close neighbour of the defacto complainant and
petitioner is known to the defacto complainant also. Defacto
complainant’s brother had attacked the petitioner in an earlier
incident and the wound certificate is produced as Annexure III.
Because of this incident, petitioner was falsely implicated in this
case, by giving a subsequent statement, it is submitted. The
reason stated for crucial omission to mention in FIR was
explained by the defacto complainant stating that he was
suffering much pain and hence, he omitted to mention the name.
4. This petition is opposed. Learned public prosecutor
submitted that the petitioner’s involvement is clearly revealed in
the subsequent statement made by the defacto complainant. It is
BA No.4835/08 2
also submitted that the occurrence witnesses also stated that the
petitioner was involved in the offence. However, it is conceded
that no weapons were used by the petitioner and hence, he will
not be required for the purpose of recovery of any weapon.
5. On hearing both sides, I am satisfied that the
petitioner can be granted anticipatory bail on conditions. Hence,
the following order is passed:
Petitioner shall be released on bail in the event of
his arrest, if any, on his executing bond for
Rs.25,000/- with two solvent sureties each for the
like sum to the satisfaction of the arresting officer
on condition that he will report before the
Investigating Officer as and when directed and
co-operate with the investigation.
The petition is allowed.
K.HEMA, JUDGE
csl