IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Bail Appl..No. 7961 of 2008() ------------------------------------------- (CRIME NO.408/2008 OF KOLAVALLUR POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------- ASHRAF.K.V., S/O.ABDURAHMAN, KEERACHINTAVIDA HOUSE, CHEKIAD AMSOM, PARAKKADAVU DESOM, KOZHIKODE DISTRICT. BY ADVS. MR.P.SANJAY, MR.M.MUHAMMED SHAFI. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7961 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 153A, 332 read with section 149 IPC. According to prosecution, about 50 persons formed themselves into an unlawful assembly and with intention to promote communal hatred started shouting provocative slogans and when police intervened to disperse the assembly, stones were pelted at them and glass of the jeep was damaged. 3. Petitioner is the 4th accused in the crime. According to petitioner, no injury is caused to any body. Petitioner is willing to abide by any conditions. He will not tamper with evidence or influence any witness and hence, anticipatory bail may be granted. It is also his case that he is falsely implicated. 4. Learned Public Prosecutor submitted that on the facts of this case this is not a fit case to grant anticipatory bail. Nature of the allegations made against petitioner and others is very serious. 5. On considering the rival contentions, I am satisfied that the allegations against petitioners are serious in nature and this is not a fit case to grant anticipatory bail. The incident happened BA 7961/09 -2- as early as on 1-11-2008 and petitioner could not be arrested so far. Petitioner is bound to surrender before the Investigating Officer or before the Court and co-operate with the investigation. Hence, the following order is passed:- 1) Petitioner is directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court, since on the facts in this case, this Court ordered that this is not a fit case to grant anticipatory bail and any order to the contrary in any subsequent anticipatory bail application will amount to review, which is impermissible in law. The petition is dismissed. K.HEMA, JUDGE. mn.