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.
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B.A.No. 7780 of 2008
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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.