IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Bail Appl..No. 4282 of 2010() ---------------------------------- CRIME NO. 231/2009 OF KOLAVALLUR POLICE STATION .................... PETITIONER/2ND ACCUSED: ---------------------------------- SIDIQUE, S/O.AHAMMED, RESIDING AT KURUNGAD, THRIPANGOTTUR AMSOM KADAVATHUR DESOM, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KOLAVALLUR POLICE STATION, KANNUR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 4282 of 2010 ----------------------------- Dated this the 21st day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. According to prosecution, on 29.10.2009 at about 11.45 P.M., petitioner (A2) along with other accused, formed themselves into an unlawful assembly, and hurled bombs against the house of de facto complainant and caused to explode and thereby caused a loss of Rs. 2,000/-. 3. Learned counsel for petitioner submitted that petitioner was not present at the scene. He was away from the place in the course of his job, as a driver. Petitioner's house is situated 1½ kms away from the house of the de facto complainant. This case is falsely foisted against petitioner due to political rivalry. In respect of the same incident, two crimes are registered against petitioner. On the same day within a time gap of 5 minutes, two crimes are allegedly committed. Petitioner is not involved in any other crime. B.A. No. 4282 / 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner's name appear in the F.I. Statement itself. He was identified by the witnesses, as an assailant. Petitioner is required for interrogation. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. Though the petitioner has put forward some contentions, there is no material or evidence to support the same. Considering the serious nature of the allegations made, I am not inclined to grant anticipatory bail in a case of this nature. Petitioner will be required for custodial interrogation and hence he is bound to surrender and co-operate with the investigation. No further application for anticipatory bail by petitioner in this crime will be entertained by this court hereafter. This petition is dismissed. K. HEMA, JUDGE ln