IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 6633 of 2008() ----------------------------- CRIME NO.588/2008 OF PAYYANNOOR POLICE STATION PETITIONERS/ACCUSED 2, 3, 6, 7 & 9 ------------------------------------------------------ 1. E.M.P.SHUKKOOR, S/O.ABDULLA, AGED 32 YEARS, E.M.P.HOUSE, PAYYANNOOR AMSOM, KAVAI. 2. K.NAZAR, S/O.ABDURAHIMAN, AGED 28 YEARS, KUTHIRUMMAL HOUSE, PAYYANNUR AMSOM, KAVAI. 3. V.P.NOORUDHEEN, S/O.HUSSAIN, AGED 27 YEARS, V.P.HOUSE, PAYYANNUR AMSOM, KAVAI. 4. T.C.MOHAMMED ASHARAF, AGED 26 YEARS, S/O.KUNJUMOIDEEN, THAYIL HOUSE, PAYYANNUR AMSOM, KAVAI. 5. K.P.HASHIM, S/O.MUHAMMED, AGED 24 YEARS, K.P.HOUSE, PAYYANNUR AMSOM, KAVAI. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (STATION HOUSE OFFICER, PAYYANNUR POLICE STATION). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6633 of 2008 --------------------------------------------- Dated this the 17th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 447 and 436 read with Section 149 IPC and Sections 3 and 5 of Explosive Substance Act. According to prosecution, on 12.10.2008, at about 3.30 a.m., petitioners along with others formed into an unlawful assembly (19 accused in total) and set fire to the shop of defacto complainant and caused a loss of Rs.30,000/-. 3. Learned counsel for petitioners submitted the case is falsely foisted against petitioners out of political rivalry. Petitioners are workers of opposition party and defacto complainant is a worker of CPI(M), which is the ruling party. On a previous occasion, on 7.10.2008, workers of CPI(M) attacked the workers of opposition party and a crime was also registered against them. Therefore, this case is falsely foisted against petitioners. Learned counsel for petitioners also submitted that fire was caused due to short circuit and it is stated in the First BA No.6633/2008 2 Information Statement that on 11.10.2008, some mark was seen on the fire. But, he did not report that matter to anybody. After there was fire in the shop, petitioners, who are workers of the opposition party, are falsely implicated in an offence of this nature, it is submitted. Learned counsel for petitioners also submitted that though the incident happened on 3.30 a.m., the First Information Statement was given only at 12 O'clock in the afternoon. There is a long delay in lodging the complainant. 4. This petition is opposed. Learned public prosecutor submitted that due to political rivalry there were cases against each other. There were 19 accused in total out of which only nine persons are identifiable. A1 and A2 were arrested by the police and others are yet to be arrested. On the facts of this case, it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and considering the nature of allegations made and the nature of investigation required into the offence, I am satisfied that it is not a fit case to grant anticipatory bail. Though incident happened on 12.10.2008, petitioners were not available for investigation. Petitioners are directed to surrender before the BA No.6633/2008 3 Magistrate Court concerned or the Investigating Officer without any delay. If they surrender or not, police is at liberty to arrest them at any time and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE csl